BAHM v. PITTSBURGH & LAKE ERIE RD. CO.

No. 39756.

6 Ohio St. 2d 192 (1966)

BAHM, APPELLANT, v. THE PITTSBURGH & LAKE ERIE RD. CO., APPELLEE.

Supreme Court of Ohio.

Decided May 25, 1966.


Attorney(s) appearing for the Case

Messrs. Manchester, Bennett, Powers & Ullman and Mr. John F. Elsaesser, for appellant.

Mr. Jack C. Harris and Mr. Jerry O. Stephens, for appellee.


MATTHIAS, J.

The sole question presented in this case is whether inclusion of the words, "in any degree," in a charge on contributory negligence constitutes prejudicial error. The problem is not novel in Ohio or elsewhere, and there is abundant authority among the various jurisdictions for almost every conceivable disposition of this case. See 87 A. L. R. 2d 1391.

The law in Ohio has itself vacillated in this area. Thus, in Schweinfurth, Admr., v. ...

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