Jones v. Village of Girard

Ohio Supreme Court

Jones v. Village of Girard

2 Ohio Law. Abs. 628

CourtOhio Supreme Court

DecidedJuly 1, 1924

DocketNo. 18303

StatusPublished

This text of 2 Ohio Law. Abs. 628 (Jones v. Village of Girard) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Village of Girard, 2 Ohio Law. Abs. 628 (Ohio 1924).

Pincite

Opinion

MATTHIAS, J.

1. In the trial of an action against a municipality to recover damages for personal injuries claimed to have resulted from a fall, caused by a depression in a sidewalk, it is error prejudicial to the plaintiff to permit evidence offered by the defense that like or greater depressions were permitted to exist in sidewalks in. certain other municipalities.

2. In such case an instruction to the jury, wherein ordinary care was defined as “the ordinary care which similar officers exercise under the same or similar circumstances,” constituted error prejudicial to the plaintiff.

Judgment reversed.

Marshall, C. J., Robinson, Allen and Conn, JJ., concur. Jones and Day, JJ., dissent.

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MATTHIAS, J.

1. In the trial of an action against a municipality to recover damages for personal injuries claimed to have resulted from a fall, caused by a depression in a sidewalk, it is error prejudicial to the plaintiff to permit evidence offered by the defense that like or greater depressions were permitted to exist in sidewalks in. certain other municipalities.

2. In such case an instruction to the jury, wherein ordinary care was defined as “the ordinary care which similar officers exercise under the same or similar circumstances,” constituted error prejudicial to the plaintiff.

Judgment reversed.

Marshall, C. J., Robinson, Allen and Conn, JJ., concur. Jones and Day, JJ., dissent.

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Bluebook (online)

2 Ohio Law. Abs. 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-village-of-girard-ohio-1924.