Modrzynski v. Lust

OPINION

By SKEEL, PJ.

These causes come to this court on appeal on questions of law from a final order of the common pleas court overruling defendant’s motion for judgment at the conclusion of plaintiffs’ case, which motion was renewed and again overruled at the close of all the evidence, and from a final order overruling defendant’s motion for judgment after the jury was discharged because they were unable to agree upon a verdict.

The plaintiffs are husband and wife. They each brought a separate action against the defendant for malpractice, growing out of a major operation performed by the…