Ohio Court of Appeals June 10, 1929, No 9429 (Rocour v. Miller Cartage Co.)

VICKERY, PJ.

Now while the defendant did not plead contributory negligence in the usual form, the doctrine of contributory negligence was brought into the case by the evidence, and under the authorities of this court and the Supreme Court, where contributory negligence is brought into a case either through the pleadings and evidence, or by the evidence alone, it is the duty of the trial court to