Deming v. Osinski

The issue raised by this appeal is whether, as a matter of law, the trial court properly instructed the jury on contributory negligence. We think that it did not.

The pertinent statutory provisions are R. C. 4511.42 and 4511.01. R. C. 4511.42 states:

“The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction.”

R. C. 4511.01 (TT) states:

“ ‘Right of way’ means the right of a vehicle, streetcar, trackless trolley, or pedestrian to proceed…