O'ROURKE v. GUNSLEY

No. 32130.

154 Ohio St. 375 (1950)

O'ROURKE, ADMX., APPELLEE, v. GUNSLEY, APPELLANT.

Supreme Court of Ohio.

Decided December 16, 1950.


Attorney(s) appearing for the Case

Messrs. Sieman, Sieman & Sieman, for appellee.

Messrs. Hoppe, Day & Ford, for appellant.


WEYGANDT, C. J.

The Court of Appeals held that the trial court was in error in submitting to the jury the question of wilful or wanton misconduct on the part of the defendant, inasmuch as there was no evidence on which to base such a finding. The plaintiff has perfected no appeal from this holding.

The decisive question now before this court for consideration is whether the trial court was correct in submitting to the jury the question whether the plaintiff...

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