Sobolovitz v. Lubric Oil Co.

Citations

• 107 Ohio St. (N.S.) 204

Syllabus

<p>Negligence — Proof to sustain Uatility — Evidence upon essential elements — Predicating one inference upon another — Ownership and operation of motor truck — Duty to direct verdict, when.</p> <p>1. To entitle the plaintiff in a personal injury suit to have his case submitted to a jury, it is necessary that he produce some evidence upon every element essential to create liability, or produce evidence of a fact upon which a reasonable inference may be predicated to support such element.</p> <p>2. An inference of fact cannot be predicated upon another inference, but must be predicated upon a fact supported by evidence.</p> <p>3. Where the plaintiff fails to produce any evidence upon an essential element of his case and no reasonable inference can be drawn from a fact supported by evidence which would tend to prove such element, it is error for the court to submit the case to a jury.</p>