Taylor v. Keller

A ruling upon the third assignment of error will be dispositive of the controlling issue in this cause. This assignment of error appears in the opinion of the Court of Appeals in this language:

“The court (common pleas) erred in sustaining plaintiff’s motion for a directed verdict at the conclusion of the plaintiff’s case.”

It is not necessary to set out an extended review of the tes*12timony presented by the plaintiff at the trial or the testimony proffered by the administrator in support of his answer. Suffice it to say that the testimony presented by the plaintiff, if believed by a jury, would…