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SOLLEY v. SHEA THEATRE CORP.

No. 912.

119 Ohio App. 185 (1963)

SOLLEY, APPELLANT, v. SHEA THEATRE CORPORATION, APPELLEE.

Court of Appeals of Ohio, Tuscarawas County.

Decided August 27, 1963.

Attorney(s) appearing for the Case

Mr. C. P. Hoffman and Mr. R. E. Goforth, for appellant.

Messrs. Smith, Renner, Hanhart & Miller, for appellee.

McLAUGHLIN, J.

Upon the opening statement of plaintiff's counsel, the trial court directed a defendant's verdict. Plaintiff appeals on questions of law.

The petition, read and included in the opening, clearly states a cause of action. However, these pertinent words were added:

"We have here what I call a mock-up but I think the judge called it a replica of the area. The evidence will show Mrs. Solley...

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