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MCFADDEN v. GALENA CO.

No. 39524.

10 Ohio St. 2d 70 (1967)

MCFADDEN, APPELLEE, v. THE GALENA SHALE, TILE AND BRICK CO. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 5, 1967.

Attorney(s) appearing for the Case

Messrs. Solsberry, Ahern & Butler and Mr. Alphonse P. Cincione, for appellee.

Messrs. Wiles, Doucher, Tressler, Martin & Ford, for appellants.

Per Curiam.

Admittedly, the only grounds given by the Court of Appeals for its reversal were:

1. Error in failure to give two requested special instructions.

2. Error in sustaining defendant's motion to elect at the end of plaintiff's opening statement.

Admittedly, the two requested special instructions relate only to the issue of plaintiff's damages. There is no claim of error in submission of the issue of defendant Dove's claimed negligence...

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