Westinghouse Electric Corp. v. Dolly Madison Leasing & Furniture Corp.

-I-

Stern, J.

The primary issue is whether defendant was entitled to a directed verdict on the ground that there was insufficient evidence from which the jury could infer that careless smoking was the cause of the fire. The only evidence of the cause of the fire was circumstantial evidence and expert testimony. Defendant argues that careless smoking was only one of several equally probable causes, and that plaintiffs faffed to effectively eliminate those pauses,

*126This argument relies largely upon this court’s decision in Gedra v. Dallmer Co., supra (153 Ohio St. 258). The syllabus of that case…