Garbe v. Halloran

The Court of Appeals held that there was sufficient evidence of negligence on the part of the defendant to take the case to the jury on that issue, and this court is in accord with that view. The Court of Appeals took the view also that, although “a presumption of negligence does not arise from the mere fact that a collision occurred” (Pitt, Admx., v. Nichols, 138 Ohio St., 555, 37 N. E. [2d], 379), and that “neither negligence nor contributory negligence is presumed [Bush, Admr., v. Harvey Transfer Co., 146 Ohio St., 657, 669, 67 N. E. (2d), 851], * * * the evidence discloses circumstances…