Opinion
No. 39893
Decided May 11, 1966.
Charge to jury — Error of omission not ground for reversal, when — Failure to request court to supply omission.
APPEAL from the Court of Appeals for Jackson County.
This is an action to recover damages for personal injuries alleged to have resulted from an automobile collision. The case was submitted to a jury which returned a verdict for plaintiff, on which judgment was rendered.
The Court of Appeals reversed the judgment for prejudicial error of the trial court in failing to charge the jury on proximate cause and remanded the cause to the trial court for a new trial.
The allowance of a motion to certify the record brings the cause to this court for review.
Mr. James C. Britt, Mr. Joseph S. Deutschle, Jr., and Mr. Roy J. Gilliland, for appellant.
Messrs. Wiles, Doucher, Tressler Martin, Mr. Paul Martin and Mr. Thomas H. Monger, for appellees.
The omission to charge specifically on proximate cause was not called to the trial court's attention, nor was the court requested to charge thereon. Such an error of omission did not justify the reversal by the Court of Appeals. Rhoades v. City of Cleveland, 157 Ohio St. 107. The judgment of the Court of Appeals is reversed and the cause remanded to the Court of Appeals for consideration of the other errors assigned in and not passed upon by that court.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.