Burns v. Employers Liability Ass'n

OPINION

By LEVINE, PJ.

In the Common Pleas Court, judgment was entered on motion of defendant-appellee, in favor of defendant-appellee, on statement of counsel for plaintiff-appellant, and the pleadings in the case. Appeal is prosecuted to this court, claiming error. Since judgment was entered on the pleadings and statement of counsel, we must regard the allegations of the pleadings and statement of counsel as true.

It is the general rule that a motion for judgment on statement of counsel and the pleadings is considered in the nature of a demurrer to the evidence and the pleadings. It becomes…