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PHILLIPS v. INGERSOLL-HUMPHRYES DIVISION

No. 72-238.

32 Ohio St. 2d 266 (1972)

PHILLIPS, APPELLEE, v. INGERSOLL-HUMPHRYES DIVISION, BORG-WARNER CORP., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided December 15, 1972.

Attorney(s) appearing for the Case

Messrs. Rader & Matthews, Mr. Kenneth Agee and Mr. Harry Paulino, for appellee.

Messrs. Squire, Sanders & Dempsey and Mr. Van Carson, for appellant.

BROWN, J.

Appellee's first contention is that the trial court committed error in sustaining appellant's motion for a directed verdict.

Appellee argues that his petition and opening statement contain sufficient facts to warrant submission of the case to a jury. Appellee cites Neckel v. Fox (1924), 110 Ohio St. 150, and quotes therefrom language which indicates that a trial court should not accept...

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