PORTER v. T. T. RD. CO.

Nos. 31736 and 31751.

152 Ohio St. 463 (1950)

PORTER, AN INFANT, APPELLANT, v. THE TOLEDO TERMINAL RD. CO., APPELLEE. PORTER, AN INFANT, APPELLEE, v. THE TOLEDO TERMINAL RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided January 11, 1950.


Attorney(s) appearing for the Case

Mr. Ira Bane and Messrs. Spengler, Nathanson, Hebenstreit & Heyman, for plaintiff-appellant.

Messrs. Shumaker, Loop, Kendrick & Winn and Mr. Robert B. Gosline, for defendant-appellee.


WEYGANDT, C. J.

In its amended answer the defendant pleaded the defenses of contributory negligence and assumed risk on the part of the plaintiff, as follows:

"Defendant alleges that if the plaintiff did fall from his bicycle as claimed in plaintiff's petition, such fall and the injuries resulting therefrom resulted directly and proximately from the negligence of the plaintiff himself in riding his bicycle over this crossing at a high and dangerous rate of...

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