Rubin v. Wasser

*77OPINION

By MILLER, PJ:

This matter comes before this Court on appeal from the judgment of the Common Pleas Court affirming that of the Municipal Court of Dayton, Ohio. The action was one for damages arising out of a collision between two automobiles at a street intersection. At the close of the plaintiff’s case and again at the conclusion of all of the testimony the defendant moved for a directed verdict for the reason that the plaintiff was guilty of contributory negligence as a matter of law. These motions were both overruled as well as the one filed later for a judgment notwithstanding the…