Sparks v. Sims

OPINION

By MILLER, PJ.

This is a law appeal from a judgment of the Common Pleas Court rendered upon a special verdict by the jury. The action was one for damages arising out of a collision between an automobile and a pedestrian. The answer admits the occurrence of the accident, denies generally all allegations of negligence and further sets up the defense of contributory negligence. An examination of the record discloses that the issue of contributory negligence was definitely in the case; that the conduct of the defendant was such that would warrant the jury in finding that the defendant…