Lubric Oil Co. v. Drawe

The decisive question in these error proceedings from the court of common pleas of Cuyahoga county is whether the court below committed prejudicial error in not applying the doctrine of estoppel, urged by plaintiff in error both in the pleadings and in the trial of the case. The cause has been tried twice in the court of common pleas, and each time the jury returned a verdict in favor of the defendant in error. The first verdict was set aside on a motion for a new trial because it was manifestly against the weight of the evidence. In the second trial, on a hearing of a motion for a new trial,…