Winkler v. City of Columbus

Assuming for the purpose of this de cisión that the defendant city was guilty of negligence, we are of the opinion that the record clearly discloses negligence on the part of plaintiff. Such negligence was not dispelled. Therefore, the decision of this case depends upon whether such negligence of plaintiff contributed directly to her injury.

In the case of Highway Construction Co. v. Sorna, 122 Ohio St., 258, 171 N. E., 312, relied upon by the trial court, it was held in paragraph one of the syllabus :

“One. using a sidewalk, crosswalk, street or highway, which ordinary and reasonable care…