RIGGS v. TAYLOR

Nos. 35447, 35448, 35449 and 35450

168 Ohio St. 276 (1958)

RIGGS, APPELLANT, v. TAYLOR ET AL., APPELLEES. HALL, APPELLANT, v. TAYLOR ET AL., APPELLEES. LAYTART, APPELLANT, v. TAYLOR ET AL., APPELLEES. McCROSKEY, APPELLANT, v. TAYLOR ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 19, 1958.


Attorney(s) appearing for the Case

Messrs. Rendigs, Fry & Kiely and Mr. William H. Hutcherson, Jr., for appellants.

Mr. William F. Boelter, for appellees.


Per Curiam.

By the admissions in the pleadings and the stipulations, plaintiff made a prima facie case. It then became the duty of defendants to go forward with the evidence to rebut such case. Since on all the evidence reasonable minds could differ on the question of whether defendants were negligent, it was not the province of the court to arrest the case from the jury and direct a verdict for plaintiff.

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