Knabb, Admr. v. Scherer

OPINION

By HAMILTON, PJ.

The first error complained of in the charge is, that the court committed error in injecting into the case the question of inevitable and unavoidable accident. On this question, the trial court charged the jury by this brief statement:

“Of course, if the injury or death was caused by inevitable or unavoidable accident, there could be no recovery on the part of the plaintiff.”

This was error, as this court held in the case of Avra, Admrx v Karshner, 32 Oh Ap, 492. In the Karshner case is directly in point and involves practically the same language in substance. This court…