Keller v. Stark Electric Railway Co.

Citations

• 102 Ohio St. (N.S.) 114

Syllabus

<p>Supreme court — Dismissals — Error proceedings — Petition filed as of right — Constitutional qtiestion not involved, when — Non-suit entered in trial court — Right of trial by fury.</p> <p>1. The sustaining of defendant’s motion, at the conclusion of all • the evidence, to withdraw the case from the consideration of the jury and render judgment for the defendant, upon the ground that there has been no evidence introduced tending to prove some essential averment of plaintiff’s petition, does not involve a question arising under the Constitution of the United States or of this State.</p> <p>2. The affirmance of such a judgment by the court of appeals does not entitle a party to file a petition in error in the supreme court as a matter of right. A petition in error in such case can be filed in the supreme court, only upon an order directing the court of appeals to certify the record.</p>