Glowacki v. North Western Ohio Ry. & Power Co.

The allegations of the petition and the admissions in the answer were such as to raise an issue upon the subject of res ipsa loquitur, and the evidence offered by plaintiff, meager as it was, was such as to require the defendant to go forward with an explanation of the cause of the severance of the wire. Defendant’s counsel evidently appreciated this situation, because, upon the overruling of the motion for a directed verdict at the close of plaintiff’s testimony, the defendant proceeded to call witnesses. The motion for directed verdict having been overruled, and the defense having…