GRINDELL v. HUBER

No. 71-41.

28 Ohio St. 2d 71 (1971)

GRINDELL ET AL., APPELLEES, v. HUBER, APPELLANT.

Supreme Court of Ohio.

Decided November 24, 1971.


Attorney(s) appearing for the Case

Messrs. Mahon, Tudor, VanDyne & Tudor and Mr. Arthur D. Tudor, for appellees.

Mr. John L. Roof, for appellant.


CORRIGAN, J.

Defendant offers two propositions of law for consideration, one pertaining to whether the defenses of unavoidable accident and contributory negligence are consistent, and one relating to the validity of the special instruction given on the issue of unavoidable accident. Due to the posture of the cause, however, resolution of the latter question will dispose of the appeal.

In reversing the judgment, the Court of Appeals found as to the father's...

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