Foster v. Lee Motors, Inc.

This is an appeal on questions of law from a judgment entered by the Municipal Court of Toledo on behalf of the defendants. The case came on for trial without the intervention of a jury, and at the conclusion of plaintiff’s case a motion by defendants for judgment was sustained and the petition dismissed.

Prior to the abolition of the scintilla rule in Hamden Lodge v. Ohio Fuel Gas Co. (1934), 127 Ohio St., 469, 189 N. E., 246, the Supreme Court, in Euclid Arcade Building Co. v. H. A. Stahl Co. (1918), 99 Ohio St., 47, 121 N. E., 820, drew a distinction between a motion to direct a jury to…