COLAROSSI v. CONCRETE CORP.

No. 37852.

175 Ohio St. 321 (1963)

COLAROSSI, APPELLEE, v. ANDERSON CONCRETE CORP., APPELLANT.

Supreme Court of Ohio.

Decided December 11, 1963.


Attorney(s) appearing for the Case

Messrs. Volkema, Wolske & Bopeley, for appellee.

Messrs. Vorys, Sater, Seymour & Pease, Mr. James P. Kennedy and Mr. George E. Frater, for appellant.


GRIFFITH, J.

When the conduct of a party is once ascertained, the question whether it came up to the standard of reasonable care prescribed by the law ordinarily must be decided as a matter of fact. Only in clear cases can it be ruled on as a matter of law.

At the conclusion of plaintiff's case, was there not presented a question of whether the defendant, under all the attending circumstances, exercised ordinary care toward the plaintiff?

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