Youngstown Municipal Ry. Co. v. Mikula

The primary question for consideration and decision in this case is whether there was prejudicial error in the submission of the issue of contributory negligence, it being in that respect that the Court of Appeals found its judgment to be in conflict with that of another Court of Appeals. Concededly, contributory negligence was an issue, was supported by evidence, and its determination was a matter for the jury. The conflict of judgment referred to is based upon the decision of the Court of Appeals of Hamilton County in Houston v. Schreiber, 34 Ohio App., 244, 170 N. E., 661, particularly…