Bartson v. Craig

The single question presented by the record is whether the instruction requested relative to contributory negligence and given before argument was erroneous. That instruction is almost identical in terms with that involved in the case of Chesrown v. Bevier, 101 Ohio St., 282, 128 N. E., 94, which was unanimously held to be a correct statement of the law, although preference for a dif ferent form of statement was expressed. The trial judge in that ease had refused to give the requested charge. A judgment for the plaintiff was affirmed by the Court of Appeals, but was reversed by this court for…