
    No. 850
    AKRON (City) v. PENHORWOOD
    Ohio Appeals, 9th District, Summit County
    No. 647.
    May 25, 1923
    259. MUNICIPAL LAW.
    ' Pedestrian crossing street at place other than crossing held not negligent.
    Attorneys — H. M. Hagelbarger, Dir. of Law, C. T. Moore, Asst. Dir. of Law, for City; Herberich, Bur-íoughs & Bailey, for Penhorwood.
   WASHBURN, J.

Epitomized Opinion

Action for damages by plaintiff who walked diagonally across a street in defendant city outside the space usually marked as a cross-walk and stepped into a hole in the street which had been there a long time and which was filled with snow. Verdict and judgment for plaintiff. Defendant prosecuted error. Held:

There was no error in the charge to the jury that a pedestrian has a right to cross a street wherever he chooses. His crossing at a place where no street crossing is provided is not negligence as a matter of law. The verdict is not manifestly against the weight of the evidence. Judgment affirmed.  