MILLER v. McALLISTER

No. 35778

169 Ohio St. 487 (1959)

MILLER, APPELLEE, v. MCALLISTER, APPELLANT.

Supreme Court of Ohio.

Decided July 15, 1959.


Attorney(s) appearing for the Case

Messrs. Amerman. Burt. Shadrach, McHenry & Jones, for appellee.

Messrs. Day, Cope, Ketterer, Raley & Wright and Mr. Don W. Montgomery, for appellant.


ZIMMERMAN, J.

In this court McAllister's assignments of error relate (1) to the failure of the trial court to direct a verdict in his favor on the evidence, particular acts being enumerated wherein Miller was claimed to have been negligent; (2) to error on the part of the Court of Appeals in refusing to enter judgment for him on the strength of the jury's answer to question number four in the special verdict; (3) to error by the Court of Appeals in holding that assumption...

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