Legal Opinion
Cody v. Miller
Ohio Court of Appeals
Decided March 9, 1951No. 2137Published
1Opinion
ON APPLICATION FOR REHEARING
No. 2137.
Decided March 22, 1951.
By THE COURT:
Submitted on application of defendant-appellant for a rehearing on the motion to dismiss the appeal.
*588The Court erroneously applied the principle of law laid down in Klever v. Express, Inc., 154 Oh St 491. In the instant case in the trial court the judgment was entered on a directed verdict in favor of the defendant, which was after-wards vacated and a new trial granted. The principle of law laid down in Durbin v. Humphrey Co., 133 Oh St 367, 14 N. E. (2d) 5, is applicable.
The first paragraph of the opinion, on page 368,…
Also in this document: Per curiam.
2Cases cited8 opinions
- Jacob Laub Baking Co. v. MiddletonOhio Supreme Court · 1928
- Brenton v. Sloan's United Storage & Van Co.Appellate Court of Illinois · 1942
- Hocking Valley Mining Co. v. HunterOhio Supreme Court · 1935
- Buffalo Grain Co. v. . SowerbyNew York Court of Appeals · 1909
- People v. MartinCalifornia Court of Appeal · 1946
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