Cincinnati Traction Co. v. Durack

Citations

• 78 Ohio St. (N.S.) 243

Syllabus

<p>Motion for verdict at close of plaintiff’s evidence overruled — Exception waived by introduction of evidence, vahen.</p> <p>Where on the trial of a civil action, the defendant, at the close of plaintiff’s evidence, moves for a verdict thereon in his favor, and on excepting to the decision of the court overruling said motion, introduces evidence to support his grounds of defense, and rests without renewing the motion at the close of all the evidence, the exception is deemed to be waived, and it is no longer a predicate for error in a reviewing court.</p>