
    No. 172
    CLEVELAND RAILWAY CO v. SELZER, Admr.
    Ohio Court of Appeals, Cuyahoga County
    No. 4162,
    Feb. 15, 1923
    (Washburn, P. J., Pardee and Funk, JJ., sitting)
    This opinion has appeared only in The Abstract.
    NEGLIGENCE — (1) Evidence manifestly prejudicial —(2) Last chance must be pleaded.
    Error to Cuyahoga County Common Pleas
    Attorneys' — Squire, Sanders & Dempsey, for Railway Co.; Payer, Winch, Minshall & Karsch, for Selzer.
   PER CURIAM:

Epitomized Opinion

1. Yetta Selzer, represented by defendant, died as the result of an accident and the appellate court reversed the judgment of the Common Pleas "on the ground that the verdict of the jury was manifestly against the evidence.

2. It was also held by the court of appeals that the charge of the trial judge was prejudicial upon the rule of last chance as it was not alleged in the petition, and upon the evidence shown by the same was prejudieal.  