Surman v. Ohio & Pennsylvania Oil & Gasoline Co.

This appeal comes to this court on questions of law from a judgment for the defendants entered by direction of the court upon motion at the conclusion of the presentation of plaintiff’s evidence. The action is one seeking damages for the alleged acts of concurrent negligence of the defendants as set out in plaintiff’s third amended petition.

In the early evening of August 10, 1955, at about ten minutes after seven p. m., the plaintiff was injured while in the Cateway Restaurant in the village of Andover, Ohio, when an explosion of great intensity occurred within the building whereby the…