Travelers Insurance Co. v. Buckeye Union Casualty Co.

Since the entry of the trial court shows that in ruling on the motion for judgment on the pleadings and opening statement of plaintiff that “exhibits received in evidence’’ were considered in arriving at his decision, the judg ment is subject to a reversal. Tbe motion should present only a question of law raised by the pleadings and evidence should not be considered.

In this case the pleadings show that a factual question involving the negligence of Gulf Refining Company must be considered and was considered by the court. While the court might have reached the right result, he should not have…