Bauer v. Pullman Co.

These cases are consolidated appeals from the Franklin County Court of Common Pleas, wherein judgment was entered upon jury verdicts for both ap-pellees. Appellants’ motions for judgment notwithstanding the verdict and a new trial were overruled, and the instant appeal followed.

Appellants’ first assignment of error concerns the questions of variance and surprise. The amended petition alleges that Mrs. Bauer suffered an “impairment of her hearing” as a result of the negligence of the appellants. The evidence complained of concerns a hearing loss resulting from retinal surgery, such surgery…