Trentman v. Cox

In considering whether the pedestrian, Addison D. Cox, plaintiff below, was guilty of contributory negligence as a matter of law, all facts in the record, or inferences to be drawn therefrom, must be resolved in his favor. Gibbs v. Village of Girard, 88 Ohio St., 34, 40, 102 N. E., 299; Ellis & Morton v. Ohio Life Ins. & Trust Co., 4 Ohio St., 628, 64 Am. Dec., 610; McDonald v. City of Pittsburgh, 278 Pa., 485, 123 A., 467.

Examining the evidence with this rule in mind, we find that the record discloses that at the time of the accident the pedestrian was crossing the Eighth street viaduct in…