Englehardt v. Philipps

The sole question before this court is whether the Court of Appeals erred in setting aside the directed verdict and judgment in favor of the defendant, and in remanding the case to the Common Pleas Court for a new trial, on the ground that the plaintiff had introduced sufficient evidence of a negligent act or omission on the part of the defendant to warrant a submission of the case to the jury.

It must be conceded that if, after giving plaintiff's evidence the most favorable construction in his favor, reasonable minds could come to but one conclusion and that conclusion was adverse to the…