[Download] "Kellerman v. J. S. Durig Co." by The Supreme Court of the State of Ohio ~ Book PDF Kindle ePub Free
eBook details
- Title: Kellerman v. J. S. Durig Co.
- Author : The Supreme Court of the State of Ohio
- Release Date : January 03, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
ZIMMERMAN, J. An established principle of law is that ""in the face of a motion to direct the jury to return a verdict for one of the parties to an action, which in effect is a demurrer to the evidence, the court must construe the evidence most strongly in favor of the party against whom the motion is made, and, where there is substantial competent evidence to support his side of the case, upon which reasonable minds may reach different conclusions, the motion must be denied. Neither the weight of the evidence nor the credibility of the witnesses is for the court's determination in disposing of such a motion."" Durham v. Warner Elevator Mfg. Co., 166 Ohio St., 31, 36, 139 N. E. (2d), 10, 14. ""Every material fact which such evidence tends to prove will be taken as established."" Burrow, Admx., v. Porterfield, Admr., 171 Ohio St., 28, 30, 168 N. E. (2d), 137, 140.