
    14303.
    Gill v. The Columbus Railway & Light Co.
    Decided February 23, 1915.
    Journal entry: This court finds that the fact (as shown by the special findings of fact made by the jury in connection with the general verdict) that plaintiff had alighted from the car of the defendant and had started toward the curb at the time he was assaulted by the employe of the defendant was not conclusive as matter of law, that the plaintiff had then ceased to be a passenger of the defendant, but the issue on that question as made by the pleadings was one of fact to be determined by the jury from all the evidence under proper instructions of the court, and this court, therefore, finds that the court of appeals erred in rendering final judgment in said cause in favor of the said railway and light company.
    Error to Court of Appeals of Franklin county.
    
      Messrs. Lents; Karns, Linton & Hengst, for plaintiff in error.
    
      Messrs. Booth, Keating, Peters & Pomerene, for defendant in error.
   Final judgment of the court of appeals reversed and judgment of court of appeals reversing judgment of common pleas affirmed. Cause remanded.

This court further finds that inasmuch as the entry of the judgment by the court of appeals does not state the ground upon which it reversed the judgment of the court of common pleas in favor of the plaintiff below against said defendant company and that from the record the court of appeals may have found that the verdict was against the weight of the evidence, which would have been a valid reason for reversing the judgment of the court of common pleas, but not for its entry of final judgment in the case.

It is, therefore, ordered and adjudged by this court that the judgment of the court of appeals be, and the same is hereby, reversed. And coming now to render the judgment which the court of appeals should have rendered on its finding, it is ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed, and this cause is remanded to the court of common pleas for further proceedings according to law. — Reporter.

Nichols, C. J., Johnson, Donahue, Wanamaker, Newman, Jones arid Matthias, JJ., concur.  