Hamilton Circuit Court January 4, 1908 (Cincinnati Traction Co. v. Johnson)

GIFFEN, J.

The court charged the jury as follows:

“If you should find that the plaintiff did place himself in a position of danger through some remote negligence of his own, and yet notwithstanding this the motorman in charge of the car became aware of his danger in time to stop the ear by using the means at hand, and failed to do so, then the plaintiff may recover notwithstanding- the negligence