WESTINGHOUSE ELECTRIC CORP. v. DOLLY MADISON LEASING & FURNITURE CORP.

No. 74-504.

42 Ohio St. 2d 122 (1975)

WESTINGHOUSE ELECTRIC CORP. ET AL., APPELLANTS, v. DOLLY MADISON LEASING & FURNITURE CORP., APPELLEE.

Supreme Court of Ohio.

Decided April 16, 1975.


Attorney(s) appearing for the Case

Messrs. Dinsmore, Shohl, Coates & Deupree, Mr. Smith H. Tyler, Jr., Mr. Thomas S. Calder, Messrs. Robins, Davis & Lyons, Mr. James L. Fetterly and Mr. Robert M. Wattson, for appellants.

Messrs. McCaslin, Imbus & McCaslin, Mr. C. J. DeMichelis, Messrs. Lindhorst & Dreidame and Mr. Robert F. Dreidame, for appellee.

-I-


STERN, J.

The primary issue is whether defendant was entitled to a directed verdict on the ground that there was insufficient evidence from which the jury could infer that careless smoking was the cause of the fire. The only evidence of the cause of the fire was circumstantial evidence and expert testimony. Defendant argues that careless smoking was only one of several equally probable causes, and that plaintiffs failed to effectively eliminate those causes.

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