McBride v. May Dept. Stores Co.

Plaintiff in error contends that the court should have charged that the same degree of care is required as of a common carrier of passengers, namely, the highest degree of care.

It is apparent, therefore, that the <5nly question before this court is the degree of care incumbent upon defendant and what the charge of the trial court should have been in this respect.

We hold that the bill of exceptions is sufficient to show the issues presented and sufficient to indicate what should be the correct charge in this respect.

Attention is directed to the case of McDowell v Rockey, 32 Oh Ap, 27, decided…