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Opinion, per ROBINSON, J.

charging the plaintiff in error with negligence in driving upon the wrong side of the road, with negligence in not displaying proper lights, and negligence in driving his automobile at an excessive rate of speed, the one seeking recovery for injury to his person and the other for injury to his property.

Answers were filed making an issue upon each allegation of negligence, charging contributory negligence on the part of the defendant in error, in that he was driving his team and wagon on the wrong side of the road, and in that he had no lights on his wagon, and averring that the collision occurred more than one hour after sunset. Cross-petitions were also filed charging the same negligence and asking judgment for damages sustained to the automobile of plaintiff in error. Replies were filed denying negligence and contributory negligence.

Upon motion the two cases were consolidated and the cause went to trial upon the pleadings in the two cases.

There was evidence tending to support the respective allegations of the parties. Judgment was recovered by the defendant in error, motion for a new trial overruled, and judgment of the court of common pleas was affirmed by the court of appeals.

The error complained of here relates wholly to the refusal to charge special requests of plaintiff in error and to portions of the general charge. The special requests were as follows:

"II. In a collision case no recovery can be had for injuries from defendant's negligence when it

Opinion, per ROBINSON, J.

appears that plaintiff's own negligence directly contributed in the slightest degree to the injuries complained of."

"III. If, at the time of the accident, the sun had set for one hour or more, and the plaintiff had no lights on his wagon, and by reason thereof the defendant was unable to see plaintiff's wagon or team, and by reason of such want of light, such failure to have attached a light, it directly contributed to the injury, and although the defendant was negligent, the plaintiff cannot recover."

That special charge II is a correct statement of the law must be conceded, although we prefer the word "any" to the words "the slightest," and since there was evidence tending to prove that the negligence of the plaintiff below directly contributed to his injury it was error to refuse to give it to the jury.

The statute with reference to special requests before argument is mandatory, and the duty of the court with reference thereto is to determine whether the request correctly states the law, whether the law as stated is pertinent to one or more of the issues in the case, and, if the request correctly states the law and is pertinent to one of the issues of the case, to give at least one such requested charge on each issue before argument.

Special request No. III, whatever may have been in the minds of counsel, is so peculiarly worded that it might well be interpreted as declaring as a matter of law that the absence of lights on the wagon "directly contributed to the injury." If so interpreted, it invades the province of the jury,

Opinion, per ROBINSON, J.

proximate cause being a question of fact for the jury.

It is also subject to the interpretation, and probably was so intended to be interpreted by counsel, that if the jury should find that the absence of lights on the wagon directly contributed to the injury the plaintiff could not recover even though the defendant were negligent; and if it were subject to no other interpretation either it or special request No. II should have been given, but not necessarily both. The purpose of all instruction of the jury by the court, whether by special request before argument or by general charge, is to make plain the law applicable to the issues of the case, and a request pregnant with a double meaning, one of which is unsound, or would tend to confuse instead of elucidate, is erroneous and properly refused.

In the general charge the court instructed the jury as follows:

"The statutes of this state also provide that whoever operates or drives a motor vehicle upon the public roads and highways of this state shall provide it, among other things, with two white lights in the front, and shall display such lights during the period from thirty minutes after sunset to thirty minutes before sunrise, so that the light therefrom is visible at least two hundred feet in the direction in which such motor vehicle is proceeding. * * *

"The statutes of this staté provide that 'it shall be the duty of every person who operates, drives, or has upon any public highway a vehicle on wheels, during the time from one hour after sunset to one

Opinion, per ROBINSON, J.

hour before sunrise, to have attached thereto a light or lights the rays of which shall be visible at least 200 feet from the front.'"

And it is urged here that the paragraph relating exclusively to motor vehicles is erroneous for the reason that Section 12614, General Code, enacted April 28, 1913 (103 O. L., 766), with reference to the lights and the time of displaying same, was repealed by Section 12614-3, General Code, enacted March 7, 1917 (107 O. L., 58). The two sections read as follows:

Section 12614: "Whoever operates or drives a motor vehicle upon the public roads and highways without providing it with sufficient brakes to control it at all times and a suitable and adequate bell or other device for signalling, or fails during the period from thirty minutes after sunset to thirty minutes before sunrise to display a red light on the rear thereof and three white lights, two on the front and one on the rear thereof, the rays of which rear white light shall shine upon and illuminate each and every part of the distinctive number borne upon such motor vehicle, the light of which front lamps. to be visible at least two hundred feet in the direction in which such motor vehicle is proceeding, shall be fined not more than twenty-five dollars. Provided, that motor vehicles of the type commonly called motorcycles shall display one white light in front to be visible at least two hundred feet in the direction in which such motor vehicle is proceeding, and one rear combination red and white. light, showing red in the direction from which such motor vehicle is proceeding, and such rear

Opinion, per ROBINSON, J.

light to be so placed that it will reflect its white light upon and fully and clearly illuminate the distinctive license identification mark of such motor vehicle."

Section 12614-3: "Sec. 1. It shall be the duty of every person who operates, drives or has upon any public street, avenue, highway or bridge a vehicle on wheels, during the time from one hour after sunset to one hour before sunrise, to have attached thereto a light or lights the rays of which shall be visible at least two hundred feet from the front and two hundred feet from the rear. Provided, however, that this section shall not apply to a vehicle designed to be propelled by hand or to a vehicle designed principally for the transportation of hay or straw while loaded with such commodities. A person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed twenty-five dollars."

While it is difficult to reconcile these two provisions, yet in view of the fact that a compliance with the provisions of Section 12614 by a driver of a motor vehicle complies in all respects with Section 12614-3, and in view of the fact that Section 12614 contains certain other seemingly necessary provisions with reference to motor vehicles not contained in Section 12614-3, it cannot be said that the whole field has been covered by Section 12614-3. We are, therefore, forced to the conclusion that it was not the intention of the legislature by the enactment of Section 12614-3 to repeal any of the provisions of Section 12614. The only error in

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