NEITZELT v. N. Y., C. & ST. L. RD. CO.

No. 2726.

101 Ohio App. 472 (1956)

NEITZELT, ADMX., APPELLANT, v. THE NEW YORK, CHICAGO & ST. LOUIS RD. CO., APPELLEE.

Court of Appeals of Ohio, Stark County.

Decided October 1, 1956.


Attorney(s) appearing for the Case

Mr. John Rossetti and Mr. Leander J. Zwick, Jr., for appellant.

Mr. Donald Raley and Mr. Clyde Wright, for appellee.


MONTGOMERY, P. J.

The jury having been empaneled and sworn to try the issues in the above case in the Court of Common Pleas, the defendant made a motion for a directed verdict on three grounds.

The trial court sustained two of those grounds, to wit, that the petition did not state a cause of action, and that the facts recited in the opening statement on behalf of plaintiff were not sufficient to state or constitute a cause of action.

A verdict was...

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