BOTTO v. FISCHESSER

No. 37505.

174 Ohio St. 322 (1963)

BOTTO ET AL., APPELLANTS, v. FISCHESSER, A MINOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 20, 1963.


Attorney(s) appearing for the Case

Mr. Eugene Droder and Mr. Donald A. Fisher, for appellants.

Messrs. Dolle, O'Donnell, Cash, Fee & Hahn and Mr. Melvin J. Kessel, for appellees.


ZIMMERMAN, J.

The sole question for determination is whether the evidence introduced by the plaintiffs is of such a character as to have presented a jury question on the issue of wanton or willful misconduct by the defendants.

It is axiomatic that, upon a motion for a directed verdict, the trial judge must construe the evidence most strongly in favor of the party against whom the motion is directed, and where...

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