
    No. 684
    CLEVELAND RAILWAY CO. v. CASTELLA
    Ohio Appeals, 8th District, Cuyahoga County
    No. 4519.
    Decided June 25, 1923
    166. ERROR.
    Reviewing court will not consider weight of evidence — Facts showing that jur" was justified in finding that injuries were due to accident.
    Attorneys — Squire, Sanders & Dempsey, for Cleveland Ry. Co.; B. D. Nicola, for Castella.
   VICKERY, P. J.

Epitomized Opinion

This is an action brought by Frances Castella against the Cleveland Railway Company for personal injuries. The plaintiff claimed that she suffered a severe fall from the sudden and unusual jerk; of a street car after she had just boarded it and while standing in the vestibule of the same. She was assisted from the car by the conductor and taken to a hospital. At this time she was bleeding from her mouth and subsequently had a miscarriage. The case was tried before the court, which rendered a judgment for $750. The Cleveland Railway Co. prosecuted error. In sustaining the judgment, the Court of Appeals held:

1. That although the evidence concerning the nature of the jerk was in conflict, the question of the weight of +he evidence is for the jury and not for a reviewing court to consider.

2. The trial court may well find that her injuries were due to the accident.

Judgment aifirmed.  