Cohan v. Youngstown Sheet & Tube Co.

This is an appeal from the Lake Circuit Court wherein the court sustained appellee’s motion for summary judgment.

The record discloses that on the 2nd day of July, 1968, the court overruled the motion for summary judgment following which the appellee filed a motion for rehearing of the motion for summary judgment and, on the 13th day of March, 1969, the court sustained the motion for summary judgment.

Thereafter, the appellants filed praecipe for transcript, and in assignment number 2 of appellants’ assignment of errors the following ground was set out:

*2432. The Court erred in failing to make an…