BROOKS v. NORFOLK & WESTERN RAILWAY COMPANY

No. 75-236.

45 Ohio St. 2d 34 (1976)

BROOKS, A MINOR, APPELLEE, v. NORFOLK & WESTERN RAILWAY COMPANY, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided January 14, 1976.


Attorney(s) appearing for the Case

Mr Salvatore P. Jeffries, for appellee.

Messrs. Arter & Hadden and Mr. Hugh M. Stanley, Jr., for appellant.


CORRIGAN, J.

The sole item in controversy in this appeal is whether the record before us is supportive of the submission to a jury of the issue of wanton misconduct on the part of Norfolk & Western Railway.

If the record provides no basis for a finding of wanton misconduct, the trial court should have granted the motion for a directed verdict by defendant Norfolk & Western. Absent such action by the trial judge on such a record, the Court of Appeals...

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