Gibbs v. Scioto Valley Ry. & Power Co.

By the Court.

An inspection of the two special requests, one of which was given and the other refused, discloses that the substance of the special request refused was substantially embodied in the one given at the instance of counsel for the defendant. Both of these requests were so framed that notwithstanding negligence upon the part of the railway company plaintiff could not recover if Ms own negligence contributed to the injury. That no prejudicial error intervened upon that subject was held in Limbaugh v. Western Ohio Rd. Co., 94 Ohio St., 12, 113 N. E., 687.

The answer of the railway…