Lester v. John R. Jurgensen Co.

Celebrezze, Circuit Judge.

This diversity action presents the question: Under Ohio law, when can a,passenger in an automobile be charged with the negligence of the driver? Blaintil'f-appellant, the administratrix of the der ceased passenger’s estate, brought suit in the United States District Court for the Southern District of Ohio, which entered a judgment on a jury verdict for the defendants-aph pellees. Because of prejudicial error in the court’s, charge to the jury, we reverse the judgment of the District Court and remand the ease for a new trial.

Median Lester, the deceased, died from…