Bradley v. Cleveland Ry. Co.

The printed record contains none of the evidence offered at the trial but does contain the complete charge of the court. In that aspect, while the issue of contributory negligence was not made in the answer, it may have been presented in the evidence offered in the trial. Counsel for plaintiff in error insists that the trial court erred in charging upon that issue, by instructing the jury that if they found that plain tiff’s failure to use ordinary care contributed to her injury she could not recover. In support of this insistence he cites Cincinnati Traction Co. v. Forrest, 73 Ohio St., 1,…