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SMITH v. FLESHER

No. 41122.

12 Ohio St. 2d 107 (1967)

SMITH, A MINOR, ET AL., APPELLEES, v. FLESHER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 27, 1967.

Attorney(s) appearing for the Case

Messrs. Volkema, Redmond & Wolske, Mr. Russell II. Volkema and Messrs. Finneran, Finneran & Finneran, for appellee.

Messrs. Sebastian, Fais & Durst and Mr. Rick E. Marsh, for appellant.

TAFT, C. J.

In Zink v. Contris, supra (116 Ohio App. 95), it was held that an error in refusing to give a special request to charge before argument would not support a reversal unless it affirmatively appeared that the appellant was prejudiced by that error; and that, since the error there involved related only to the issue of contributory negligence and there...

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