McKinnon v. Pettibone

MAUCK, PJ.

In Toledo, C & O R R Co v Miller, 108 Oh St 388, the Supreme Court refuses to reverse a judgment in which this sort of erroneous instruction had been given for reasons that appear in the opinion, but it expressed its disapproval of the instruction. We have not the pleadings or record before- us, but assuming that the plaintiff was entitled to any charge on the “last clear chance” such charge should- have been limited to the liability of the defendant as to- what he knew and not what he ought to have known.

3. This court, and so far as we know no court, has any disposition to…