Cincinnati, Newport & Covington Ry. Co. v. Rothe

CLAY, Commissioner.

Appellee was injured when one of appellant’s busses, on which she was riding in Cincinnati, stopped abruptly and hurled her against a metal bar. At the trial appellant introduced no evidence, and the jury awarded appellee $7,500 damages.

Appellant first contends that ap-pellee failed to plead the Ohio law. We are unable to comprehend how this failure affects the merits of the controversy. The point is raised here for the first time. It was not set forth as a ground in the motion for a new trial. The case was practiced and submitted to the jury on the issue of common-law…