Valencic v. Akron & Barberton Belt Rd. Co.

The Court of Appeals reversed the trial court’s judgment on the sole ground that the court committed prejudicial error in failing to charge the jury upon the principle that if plaintiff’s evidence raises a presumption of contributory negligence on his part, then before the plaintiff could recover this presumption must be dispelled by evidence of at least equal weight.

The sole query here is: Is the ruling sound?

There is no question that, except for this omission, the trial court charged the jury fully upon the defense of contributory negligence. Counsel did not call tbe court’s attention to…