Ohio Court of Appeals January 29, 1964, 912 (Solley v. Shea Theatre Corp.)

lead-opinion

McLaughlin, J.

Upon the opening statement of plaintiff’s counsel, the trial court directed a defendant’s verdict. Plaintiff appeals on questions of law.

The petition, read and included in the opening, clearly states a cause of action. However, these pertinent words were added:

“We have here what I call a mock-up but I think the judge

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called it a replica of the area.