Frazier v. Suburban Rulane Gas Co.

The defendant appellant’s brief in the original hearing contained the following: “No evidence was offered by the defendant . . . and the defendant appealed, seeking a reversal of the court below in submitting the case to the jury. . . . The appellant only appeals on the correctness of the court’s ruling in submission of this case to the jury and is not seeking a new trial.”

The plaintiff’s evidence elicited by hypothetical question and answer was fully discussed in the original opinion. If the defendant’s exception to the question and answer were valid they would entitle it not to a reversal,…