Stowell v. Ohio Fuel Gas Co.

While the motion for a new trial and the petition in error stated various grounds, the real question to be determined here, is, did the trial court err in directing a verdict against the plaintiff and in favor of the defendant? Or, stated differently, was there a scintilla of evidence sustaining all of the essential elements of either of the charges of negligence which would require that the case be submitted to the jury, or was the plaintiff guilty of such contributory negligence as to preclude recovery?

By averment, admission and evidence, the following facts were established; That the…