
    No. 247
    No. 19235
    The Cincinnati Traction Co. v. Stanley C. Kroger.
    Error to the Court of Appeals of Cuyahoga County.
    225. CHARGE OF COURT — 1. Provisions of 11447 GC., respecting giving instructions to jury (693) before argument in civil cases, are mandatory.
    2. Where the issue in a damage suit for negligence (829) is made by way of general denial and also by averments of (923) contributory negligence, trial court should submit such issues to jury if evidence offered raises inference of such negligence.
   MATTHIAS, J.

1. The provisions of Section 11447, General Code, respecting giving instructions to the jury before argument in civil cases, are mandatory.

2. In the trial for an action for damages for negligence wherein issue is made by general denial and also by averments of negligence of plaintiff which caused or contributed to cause the injury, it is the duty of the trial court to submit such issues to the jury if evidence has been adduced from which an inference of such negligence of the plaintiff may reasonably be drawn.

Judgment reversed.

Marshall, CJ., Jones, Day, Allen, Kinkade and Robinson, JJ., concur.  