City Hospital of Akron v. Lewis

OPINION

By WASHBURN, PJ.

At the conclusion of all of the evidence, the defendant asked the court to arrest the case from the jury and enter a judgment in its favor, “or, in the alternative, that the court instruct the jury to return a verdict against the plaintiff and in favor of the defendant,” which motion' was overruled and an exception noted.

Among other errors complained of, it is urged that the court should have granted said motion.

Inasmuch as the plaintiff did not in his petition claim that the defendant had in its employ incompetent nurses or attendants and did not claim in the petition…