Cable Co. v. Skeen

*467OPINION

By PUNK, J.

1. Counsel claim that “the verdict is not sustained by sufficient evidence.”

After reading the entire record, we cannot say that there is not evidence sufficient to sustain the verdict.

2. Counsel contend that the court erred in requiring plaintiff to elect, at the close of-his case in chief whether he would proceed against the Cable Co. or the city of Akron.

•While it appears, from the comments of thd court, that the Cable Co. had contracted in writing to save the city harmless from any claims for liability, the contract was not pleaded and was not in evidence, and of course…