
    MUNICIPAL CORPORATIONS
    [Hamilton (1st) Court of Appeals,
    February, 1913.]
    
      Cincinnati (City) v. William Lawrence Sturr.
    Municipality not Liable to Driver of Blind Horse for Injury from Visible Hole in Street.
    Tbe driver of a blind horse who was thrown from his wagon and injured by the jolt caused by a hole in the street which was plainly visible, is without recourse against the municipality.
    Error.
    
      Coleman Avery, for plaintiff in error.
    
      Scott Bonham, for defendant in error.
    The plaintiff below recovered a judgment against the city for $1,600, on account of permanent injuries from being thrown from his wagon on Spring Grove avenue, near Terrace Place. It was alleged that the accident was due to a hole in the street, which he did not see although he was driving carefully.
    
      
      Reversed, Sturr v. Cincinnati, 91 Ohio St. 433.
    
   SMITH, P. J.

It is manifest from the record that defendant in error was guilty of contributory negligence. He was driving a blind horse at the time of the accident, and the hole in the street was plainly visible. Under the circumstances he' did not exercise all the care that was necessary.

The court, therefore, erred in overruling the motions of the plaintiff in error for an instructed verdict, at the close of plaintiff’s evidence, and also at the close of all the evidence. In this view of the case it is unnecessary to consider other errors assigned.

The judgment below is reversed, and judgment for plaintiff in error will be entered in this court.

Swing and Jones, JJ., concur.  