City of Canton v. Pryke

The defendant in error, Walter Pryke, recovered a judgment' against the city of Canton for damages arising from the loss of the personal services of his wife, by reason of the negligence of said city in the maintenance of its streets and street-crossings. Said judgment is brought into this court by petition in error for review. The question presented to us for adjudication is one of procedure, and not one arising out of the merits of the case.

The record shows that the case was on trial in the court of common pleas. The plaintiff, Pryke, *365offered his testimony and rested his case. The…