
    No. 522
    SEFTON v. THE PREMIER SERVICE CO.
    Superior Court of Cincinnati
    No. 58819.
    Decided April 2, 1924
    225. CHARGE TO JURY — In giving a special request, the court can change a word or so if necessary in order to make the request better, although the original correctly states the law.
    Attorneys — Amos Foster, for Sefton; De Camp, Sutphin & Brumleve, for Service Co.; all of Cincinnati.
   MARX, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

This was an action for personal injury brought by Edith Sefton. At the close of the trial the defendant requested the following special charge: “The court charges you that the plaintiff cannot recover if you find that she was guilty of negligence that directly contributed in the slightest degree to the injury sustained.” The court refused to give the charge requested by the defendant and gave instead the same charge substituting the word “any” in place of the word “slightest.” In so doing the court held:

1. As it is the duty of the court to give the jury the best instructions upon the subject rather than the worst, no error was committed by the court in substituting the word “any” for the word “slightest.”  