Cornell v. Morrison

Citations

• 87 Ohio St. (N.S.) 215

Syllabus

<p>Motion by defendant to arrest cause from jury — And enter judgment of dismissal of plaintiff’s petition — Made after opening statement of counsel for plaintiff — If statement leaves no disputed question of fact — But only one of law for court — Duty of court to withdraw case from jury, when- — Court procedure.</p> <p>1. A motion by the defendant to arrest a cause from the jury and enter a judgment of dismissal of plaintiff’s petition and for costs, made after the opening statement of counsel for the plaintiff and before the introduction of any evidence, is an admission by the defendant, for the purpose of the motion, of the truth of all the statements that the plaintiff proposes to- establish by the evidence, leaving no disputed question of fact to be determined by the jury, the only remaining question being one of law for the court.</p> <p>2. Where it appears from the record that counsel for plaintiff, in the statement of the case to the jury, stated in detail all the evidence that plaintiff proposed to offer in support of the allegations in his petition, and where it further appears that after the sufficiency of his statement was challenged, he was given full and fair opportunity to explain and qualify his statement, and make such additions thereto as, in his opinion, the proofs at his command would establish, and with such explanation and qualification as counsel desire to make it is still apparent that the facts proposed to be proven would not sustain the essential averments of the petition and would not authorize a verdict and judgment for plaintiff, it is the duty of the trial court to sustain a motion to withdraw the case from the jury and enter a judgment dismissing plaintiff’s petition and for costs.</p>