SCHELLHOUSE v. NORFOLK & WESTERN RY. CO.

No. 90-1513.

61 Ohio St.3d 520 (1991)

SCHELLHOUSE, ADMX., APPELLANT, v. NORFOLK & WESTERN RAILWAY COMPANY, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided August 21, 1991.


Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., Thomas J. Murray and Nancy L. Ogden, Williams & Williams and Mark R. Williams, for appellant.

Flynn, Py & Kruse Co., L.P.A., and Charles W. Waterfield, for appellee.


HERBERT R. BROWN, J.

For the reasons which follow, we reverse the judgment of the court of appeals and remand this case for a new trial. The difficulty faced by the trial court, the court of appeals, and now this court, stems from the failure to follow Civ.R. 49 in the trial of this case. Our analysis starts at that point.

This case was submitted to the jury as a set of five interrogatories, with no instruction or form given the jury directing it to return...

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