WHITAKER v. BAUMGARDNER

No. 35183.

167 Ohio St. 167 (1957)

WHITAKER, APPELLEE, v. BAUMGARDNER ET AL., APPELLANTS, ET AL.

Supreme Court of Ohio.

Decided December 24, 1957.


Attorney(s) appearing for the Case

Mr. Leonard L. Lipschutz, Messrs. Dolle, O'Donnell, Cash, Fee & Hahn and Mr. Jacob K. Stein, for appellee.

Messrs. McCaslin, Imbus & McCaslin, for appellants.


HERBERT, J.

Defendants claim that the Court of Appeals erred in reversing the judgment of the Court of Common Pleas, which judgment was based upon a directed verdict for the defendants. In the opinion of the Court of Appeals, it is stated:

"However, we can not agree with the trial court that the defendant was entitled to an instructed verdict at the conclusion of all the evidence. The trial judge in arriving at his decision, says that `the exceptions set forth...

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