Parton v. Weilnau

Plaintiff’s first assignment of error is that “the Court of Appeals erred in reversing and not in affirming the judgment of the ’ ’ trial court; and it will be considered with the fifth assignment that “the judgment of the Court of Appeals is contrary to law” and with the fourth assignment that “the Court of Appeals erred in finding and holding that the Court of Common Pleas erred in submitting to the jury the issue of driving under the influence of alcohol by the defendant’s decedent.”

The only evidence which plaintiff relies upon with respect to that issue is defendant’s exhibit 32ZZ, the…