Eisenhuth v. Moneyhon

The principal question presented is: Does Section 6307-38, General Code (Section 4511.39, Revised Code), prescribe a specific requirement, the violation of which constitutes negligence per se, and did the court err in its charge with respect to the duties of the defendant as defined by subdivision (b) of such section?

Defendant’s chief claim of error is that the trial court erred in its charge to the jury, both before and after argument, as to negligence per se.

Before argument, at the request of counsel for plaintiff, the court gave the following special charge:

“I charge you that Section…