Binder v. Youngstown Municipal Ry. Co.

The record in this case presents the question whether the trial court committed error prejudicial to plaintiff in instructing the jury as requested by counsel for defendant in the respects set forth in the preceding statement.

We are of the opinion that request No. 3 is not erroneous in the respect complained of. That charge merely places upon the plaintiff the duty to exercise ordinary care for his own safety. There can be no exercise of care in a situation such as presented by the record in this case without the use of the faculties, and it is not erroneous to instruct the jury that it is…