Schell v. DuBois
Ohio Supreme Court
Error to the Court of Appeals of Belmont ■ county. The administrator of William Git-chell, 'deceased, brought the original action in the court of common pleas of Belmont county, against plaintiff in error, John H. Schell. * The allegations of the petition substantially were that the plaintiff’s intestate was killed by reason of the' negligence of the defendant in the operation of an automobile, at the time and place, at an excessive rate of speed and beyond his control — at…
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Error to the Court of Appeals of Belmont ■ county. The administrator of William Git-chell, 'deceased, brought the original action in the court of common pleas of Belmont county, against plaintiff in error, John H. Schell. * The allegations of the petition substantially were that the plaintiff’s intestate was killed by reason of the' negligence of the defendant in the operation of an automobile, at the time and place, at an excessive rate of speed and beyond his control — at a rate of speed in violation of Section 12604, General Code; in failing to sound a warning of his approach; and in…
1Opinion of the CourtJohnson, J.
The decisive questions are those relating to the action of the court in its charge to the jury.
It was alleged in the petition that at the time of the accident the defendant was driving his automobile at. a rate of speed in violation of Section *9712604, General Code, which makes unlawful the operation of a motor vehicle at a greater speed than eight miles an hour in the business and closely built-up portions of a municipality. As to this the court charged the jury: “It is a rule of law that violation or violations of a provision of the code or statute of the state constitutes prima facie…
2Cases cited16 opinions
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- Osborne v. McMastersSupreme Court of Minnesota · 1889
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- In Re Bendectin Litigation.Court of Appeals for the Sixth Circuit · 1988
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Neff Lumber Co. v. First National BankOhio Supreme Court · 1930
- Di Gildo v. CaponiOhio Supreme Court · 1969
- Shroades v. Rental Homes, Inc.Ohio Supreme Court · 1981
113 more not listed; retrieve them via the Exa API.