SCHREIBER v. SMELTING CO.

No. 32534.

157 Ohio St. 1 (1952)

SCHREIBER, APPELLEE, v. THE NATIONAL SMELTING CO., APPELLANT.

Supreme Court of Ohio.

Decided February 20, 1952.


Attorney(s) appearing for the Case

Messrs. Krueger, Gorman & Davis and Mr. Frederick C. Troll, for appellee.

Messrs. Davis & Young, Mr. J. J. P. Corrigan and Mr. Robert C. Horrigan, for appellant.


MIDDLETON, J.

The Court of Appeals held:

"There is error manifest upon the face of the record to the prejudice of the appellant [plaintiff], in this, to wit:

"In the charge of the court to the jury, on the subject of sole negligence of a third person, not a party to the litigation."

It is necessary to analyze the charge of the trial court. After instructing the jury as to the meaning and significance of preponderance of the evidence and the...

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