Grove v. City Railway Co.

OPINION

By WISEMAN, J.

This is an action for wrongful death brought by the plaintiff-appellant in the Court of Common Pleas, Montgomery County, Ohio, wherein a verdict was directed for the defendant-appellee.

Plaintiff-appellant gave notice of appeal on law and fact. The appeal on law and fact cannot be maintained. Counsel have proceeded as an appeal on law. We, therefore, so consider the appeal and in the entry journalizing this decision it may be so stated.

The plaintiff-appellant complains that the trial court committed error prejudicial to his substantial rights manifest upon the record and…