Reports of Cases Argued And Determined in Ohio Courts of Record ..., volume 9
Reports of Cases Argued And Determined in Ohio Courts of Record ..., volume 9
William John Tossell, Ohio Legal News
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And if you find the company did wrongfully place the pole where it was, yet if the plaintiff was guilty of contributory negligence at the time in question, as I have explained to you, he cannot recover. But if the company had negligently placed or maintained the pole in the position where it unreasonably interfered with public travel, and the plaintiff was not at the time guilty of contributory negligence, and the accident occurred -by reason of the position of the pole ana the striking of the ...wagon against it, then the plaintiff would be entitled to recover and you must carefully weigh all the testimony relating to this question of contributory negligence. If you find that plaintiff has failed to prove that the pole was placed in such a position or maintained in such a position that it unreasonably interfered with public travel; then your verdict will be for defendant. But if you find the pole did stand in a position where it did unrea* sonably interfere with or obstruct public travel, yet if you find the plaintiff guilty of contributory negligence, he cannot recover.
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