Ohio Court of Appeals, 1923

Akron (City) v. Penhorwood

Akron (City) v. Penhorwood
Ohio Court of Appeals · Decided May 25, 1923 · Washburn
1 Ohio Law. Abs. 818

Akron (City) v. Penhorwood

Opinion of the Court

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.

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