McKellips v. Industrial Commission

By the Court.

An examination of the record herein shows that no motion for a directed verdict or for non-suit was made by the defendant after all the evidence had been introduced. By such failure to move for a directed verdict, which would challenge the legal sufficiency on the entire evidence adduced, the defendant submitted the issues to the trial court as a question of fact. “Without such challenge the whole case goes to the jury.” Cincinnati Traction Co. v. Durack, Admx., 78 Ohio St., 243, 85 N. E., 38.

Unless a motion for a directed verdict is renewed at the close of all the evidence,…