Johnson v. Citizens National Bank

This is another of the rather frequent cases in which there is no dispute as to either the law or the controlling facts. The controversy lies in the application of the pertinent law to the particular facts.

Ohio follows the fundamental common-law rule that in an ordinary tort action the injured plaintiff may not recover from the defendant, even though negligent, if the plaintiff, too, was guilty of negligence proximately contributing to cause his own injury. 29 Ohio Jurisprudence, 501, Section 83.

In the majority opinion of the Court of Appeals in the instant case it is stated that “the most…