Rogers v. Allis Chalmers Mfg. Co.

OPINION

By HILDEBRANT, J.:

Plaintiff sued for damages for injuries sustained on being struck in the eye by a golf ball, which he alleges was negligently driven by an employee of defendant Company, acting within the scope of his employment.

The trial court sustained defendant’s motion for a directed verdict based on the opening statement of plaintiff’s counsel, after opportunity given to amplify, add to, explain, and qualify the same.

The propriety of such a ruling in a proper case is established in Cornell v. Morrison, 87 Oh St, 215, Cincinnati Gas & E. Co. v. Archdeacon, 80 Oh St, 27. See, also:…