FRANCIS v. BIEBER

No. 40114.

10 Ohio St. 2d 65 (1967)

FRANCIS, APPELLANT, v. BIEBER, APPELLEE.

Supreme Court of Ohio.

Decided April 5, 1967.


Attorney(s) appearing for the Case

Mr. Walter L. Greene, for appellant.

Messrs. Bostwick, Hall & Canfield and Mr. Charles H. Hall, for appellee.


HERBERT, J.

The defendant interposes three defenses: (1) Contributory negligence, (2) sudden emergency, and (3) last clear chance. The testimony and evidence are sharply conflicting. There is evidence, if believed by the jury, sufficient to support a finding that the plaintiff was negligent, and that his negligence contributed proximately to his injury. There is testimony that the two cars at the bottom of the hill were without lights, and, to the contrary, there...

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