Porter v. Toledo Terminal Rd.

In its amended answer the defendant pleaded the defenses of contributory negligence and assumed risk on the part of the plaintiff, as follows :

“Defendant alleges that if the plaintiff did fall from his bicycle as claimed in plaintiff’s petition, such fall and the injuries resulting therefrom resulted directly and proximately from the negligence of the plaintiff himself in riding his bicycle over this crossing at a high and dangerous rate of speed, to wit, twenty-five miles per hour; in riding on the public highway on a bicycle which was unfit and unsafe for use as a vehicle on said highway;…