Trepanier v. Toledo & Ohio Cent. Rd.

The parties are here in the same position as they were in the trial court and will be referred to as plaintiff and defendant.

The errors complained of are:

First that the trial court erred in granting defendant leave to withdraw its answer and file an amended answer:

Second, the trial court erred in directing a verdict for the defendant.

It appears from the docket and journal entries that this case was commenced on March 15, 1918; that it has been twice tried in the court below; that at the first trial, which oe-cured in February, 1919, the pleadings consisted of a petition, answer and reply; and…