Bahm v. Pittsburgh & Lake Erie Rd. Co.

The sole question presented in this case is whether inclusion of the words, “in any degree,” in a charge on contributory negligence constitutes prejudicial error. The problem is not novel in Ohio or elsewhere, and there is abundant authority among the various jurisdictions for almost every conceivable disposition of this case. See 87 A. L. R. 2d 1391.

The law in Ohio has itself vacillated in this area. Thus, in Schweinfurth, Admr., v. C., C., C. & St. L. Ry. Co., 60 Ohio St. 215, this court held that it was not error to refuse such a charge containing the words, “in any degree, or in any way”;…