Noble v. Dieckbrader

OPINION

By SCHNEIDER, J.

A motion for new trial filed herein is predicated upon a number of grounds, all of which are dismissed from consideration except the one directed to the claim of' error by reason of the court’s refusal to charge the jury on the issue of contributory negligence.

The plaintiff was a child five and one-half years of age, at the time the injuries were sustained, which are the basis of the action. Defendant was operating a motor truck in a southeasterly direction on Mar-burg Avenue in Cincinnati, at about noon, at a point where Marburg Avenue is intersected by Cardiff Avenue.…