
    17555.
    Milton Sobolovitz v. The Lubric Oil Company.
    Certified by the Court of Appeals of Cuyahoga county.
    PERSONAL INJURY — Some evidence necessary upon every essential element of case. (2) No predication of one inference of fact upon another. (3) Failure of evidence.
   ROBINSON, J.

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:

2. An inference of fact cannot be predicated upon another inference, but must be predicated upon a fact supported by evidence.

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.

Judgment of the common pleas court reversed.

Marshall, C. J., Jones and Matthias, JJ., concur.  