Smith v. Flesher

Taft, G. J.

In Zink v. Contris, supra (116 Ohio App. 95), it was held that an error in refusing to give a special request to charge before argument would not support a reversal unless it affirmatively appeared that the appellant was prejudiced by that error; and that, since the error there involved related only to the issue of contributory negligence and there was “no showing of error in the submission of the issue of defendant’s negligence to the jury” and the jury’s “general verdict was consistent with a determination of the jury * * * that the defendant was not negligent,” there was no…