Holdshoe v. Whinery

Plaintiff, appellant herein, commenced an action in the Court of Common Pleas for personal injuries sustained on land owned and operated by defendant, appellee herein, as a picnic area. The case came on for a jury trial, and, at the end of plaintiff’s opening statement, the court sustained defendant’s motion for a directed verdict. Judgment was entered by the court on the directed verdict, and plaintiff perfected an appeal on questions of law.

The issue in this case is whether plaintiff’s petition and opening statement state a cause of action against defendant.

The pertinent parts of…