Scioto Valley Ry. & Power Co. v. Rutter

The Court of Appeals reversed the judgment of the trial court for prejudicial errors found by that court to exist in the charge to the jury. The first of these was the following instruction:

“That is, if you should find the defendant guilty of some of the material acts of negligence charged in the petition, and also find the plaintiff’s decedent casually shared with the defendant or participated with the defendant in producing* injuries complained of, the plaintiff cannot recover.”

In fairness to the; trial judge, it should be stated that the above-quoted language followed a very proper…