Porter v. Norris

Per G'uriam.

The Court of Appeals reversed the judgment of the Common Pleas Court upon two bases: (1) that “neither [interrogatory] was a material allegation from the pleadings controverted by an adverse party” (R. C. 2315.16), and (2) that the inclusion of the words “original claim” in the interrogatory was prejudicial in that it could mislead the jury to believe it “meant the amount of the prayer” of the petition prepared by Norris but never filed, which petition the Court of Appeals concluded had been erroneously introduced in evidence on behalf of the defense “without permitting…