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Abstract

In an action for damages arising out of an accident the instruction was given :that the intersection was a closely built-up portion of the city within the meaning of sec. 12003, 110 Ohio Laws p. 138 which provided, "A rate of speed greater than fifteen miles an hour in the business or closely built-up portions of a municipal corporation or more than twenty-five miles an hour in other portions thereof * * * shall be prima facie evidence of a rate of speed greater than is reasonable and proper." Upon each corner of the intersection there were buildings two or more stories in height built out to the lot lines adjacent to the two streets. At a short distance from the intersection, the buildings were not all built out to the lot-street line, nor were they in immediate juxtaposition to each other. Held, "closely built-up" relates to the proximity of the buildings to the road or highway, and the instruction was correctly given. Community Traction Co. v. Konte (Ohio 1930) 172 N.E. 442.

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