
    No. 467
    McDONALD v. TRACTION CO.
    Ohio Appeals, First Dist., Hamilton County
    No. 2042.
    Decided April 9, 1923
    NEGLIGENCE — (1) Fatal error to omit instruction to jury that plaintiff cannot recover if neither of defendants were guilty of negligence.
    Error to Municipal Court of Cincinnati.
    Reserved
    Attorneys — Williams & Ragland, for McDonald; H. K. Rogers, for Traction Co.; J. A. McDonald, for Van Horn.
   PER CURIAM.

(Cushing, Buehwalter and Hamilton, JJ.)

Epitomized Opinion

Van Horn, one of the defendants, was in the act of pulling his truck out from along the curb into the street in Cincinnati when a car belonging to the Traction Co. struck the truck, throwing it against the automobile of McDonald. The lower court instructed the jury on the subject of negliegence but failed to submit the question that if they found neither of the defendants guilty of negligence the verdict must be for the defendants. Held by the Court of Appeals in reversing the judgment:

1.Failure of the trial court to include in his charge and instruction that plaintiff cannot recover if neither of the defendants are found guilty of negligence is reversible error.  