SELLERS, v. COMMINS

No. 35710.

169 Ohio St. 332 (1959)

SELLERS, A MINOR, APPELLEE, v. COMMINS (COMMINS, EXRX., SUBSTITUTED DEFENDANT), APPELLANT.

Supreme Court of Ohio.

Decided June 17, 1959.


Attorney(s) appearing for the Case

Messrs. Sieman, Sieman & Sieman, for appellee.

Messrs. Hoppe, Day & Ford and Mr. William R. Hewitt, for appellant.


Per Curiam.

If, as indicated by defendant's evidence, plaintiff did ride from her driveway directly in front of defendant's automobile, her negligence would bar her recovery. Although it is somewhat difficult, we do not believe it is impossible to reasonably reconcile the version of the accident indicated by plaintiff's evidence with the rear-wheel damage to the bicycle and the position of the plaintiff and her bicycle after the collision. Hence, a majority...

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