Opinion
(Filed 12 May, 1915.)
Negligence.
This action to recover damages for a personal injury was tried under well settled principles relating to defendant's negligence under the evidence and correct instructions, and no error is found.
APPEAL by defendants from Adams, J., at January Term, 1915, of CLEVELAND.
Civil action, tried upon these issues:
1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: "Yes."
2. Did the plaintiff, by his own negligence, contribute to his injury, as alleged in the answer? Answer: "No."
3. Did the plaintiff assume the risk of being injured in the manner in which he was injured, as alleged in the answer? Answer: "No."
4. What damage, if any, is plaintiff entitled to recover? Answer: "No." "$100."
The defendants appealed.
No counsel for plaintiff.
Ryburn Hoey for defendant.
We have examined the record in this case and the several exceptions. We find them to be without merit. His Honor followed the well settled principles of the law of negligence in his instructions to the jury in this case.
No error.
(254)