Michigan-Ohio-Indiana Coal Assn. v. Nigh

The assignments of error contained in the petition of plaintiff in error, defendant below, are that the Court of Appeals erred in refusing "to pass on said trial court's error in overruling plaintiff in error's motions for a directed verdict" made in the trial court, once at the close of the plaintiff's evidence and again at the close of the entire evidence. This refusal of the appellate court presents the whole crux of this controversy. The Court of Appeals wrote two opinions, one in affirmance of the judgment and another upon a rehearing in which it adhered to its former judgment. The…