Simmerly v. Cleveland Railway Co.

OPINION

By DOYLE, J.

This cause is presented to this court as an appeal on questions of law from the Court of Common Pleas of Cuyahoga county, Ohio.

The suit which was instituted by the plaintiff in the said Common Pleas Court was an action for damages alleged to have been sustained by the plaintiff as the result of the negligent operation of one of defendant’s street cars. Issues were joined by the pleadings, and a trial was held, at the conclusion of which the jury returned a verdict for the plaintiff. A motion for new trial was filed within three days from the rendition of that verdict.

The…