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THOMPSON v. BADERTSCHER, D. B. A. HOLMES CARTAGE CO.

No. 68-173.

16 Ohio St. 2d 156 (1968)

THOMPSON, A MINOR, ET AL., APPELLEES, v. BADERTSCHER, D. B. A. HOLMES CARTAGE CO., APPELLANT.

Supreme Court of Ohio.

Decided December 31, 1968.

Attorney(s) appearing for the Case

Messrs. Graham & Graham and Mr. Thomas Bopeley, for appellees.

Messrs. Pomerene, Burns, Milligan & Frase, Messrs. Schuler, Miller & Schuler and Mr. Raymond Miller, for appellant.

Per Curiam.

The instruction given is nearly identical with one approved by the Ohio Judicial Conference. See 1 Ohio Jury Instructions 309, Section 21.10(a). The phrase specifically complained of by the appellee as it there appears is, "or if you are unable to determine how the accident happened then your verdict must be for the defendant." This phrase appears repeatedly throughout Chapter 21 of the Ohio Jury Instructions. See Sections 21.10(a)

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