Huber v. Collins

*553OPINION

By HORNBECK, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court after finding for the plaintiff against the defendant, in the sum of $5000.00 and costs, a jury having been waived and trial had to the court.

The action was for damages for personal injuries claimed to have resulted from the negligent discharge of a shotgun. Issue was drawn in the trial court by petition, answer and reply. No demurrer was filed to the petition in Common Pleas Court; no motion for directed verdict was made by defendant at any stage of the trial. The motion for new trial did…