Kelcik v. Cleveland Ry. Co.

Joseph Kelcik, a minor, brought suit in the Cuyahoga Common Pleas against the Cleveland Railway Co. by his next friend, for personal injuries sustained resulting from a collision between a truck and a car of the company. It . is claimed that the lower court committed error in sustaining a motion of the Company to direct a verdict, warrantable in law under the plaintiff’s opening statement. The Court of Appeals, on error proceedings, held:

1. It is well settled that where a motion is directed upon the opening statement of counsel, upon apparent failure to state a cause of action, counsel should…