
    No. 352
    RALLS v. HALLE BROS. CO.
    Ohio Appeals, 8th Dist., Cuyahoga County
    No. 5042.
    Decided Feb. 20, 1924
    629. NEGLIGENCE — Jury is properly instructed on contributory negligence raised as issue by evidence as well as when especially pleaded.
    Attorneys — C. T. Rich, for Ralls; J. R. Kist-ner, for Halle Bros. Co.
    Chittenden, Kinkade and Richards, JJ., sitting
   CHITTENDEN, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

Ralls sued Halle Bros, to recover for the loss of the services of his wife and for expenditures made by him for doctors and .hospital bills as the result of injuries sustained by her through the alleged negligence of the Halle Bros. The jury returned a verdict for Halle Bros. The court charged the jury upon the subject of conributory negligence, even though it was not specifically pleaded in the answer. In affirming* the judgment, the Court of Appeals held:

1. “When the issue of contributory negligence is raised by evidence properly offered ,by the parties, the issue thus raised is to be determined by the same rules as to burden of proof and otherwise as if made by the pleadings. 90 OS. 183.”  