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CARE TO BE EXERCISED IN BACKING VEHICLE

     There is a statute in Ohio which places a duty upon the defendant in this case. It is Revised Code 4511.38. It provides in part: "Before backing, operators of vehicles . . . shall give ample warning and while backing they shall exercise vigilance not to injure persons . . . on the streets or highway."

     "Ample warning" means a warning fully sufficient to apprise those on the street or highway of the backward movement of the vehicle in order to discharge the duty of ordinary care. If you find that the defendant failed to give ample warning or to exercise vigilance not to injure the plaintiff, such action may be negligence as a matter of law.

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