Cleveland Ry. Co. v. Crooks

The Court of Appeals did not pass on the motion for judgment on the pleadings and the record does not disclose that it was requested so to do.

It held that the operative facts embraced in the opening statement of counsel for plaintiff below presented a prima facie case.

We think the Court of Appeals was right. The petition in the trial court certainly stated a cause of action, and the statement of counsel was as broad and comprehensive as the petition, if not more so.

We are in accord with the law that the relation of carrier and passenger ceases when the person of the passenger parts company…