SMITH V. OHIO OIL CO.
135 N.E.2d 526 (1956)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Smith (P) was injured when his truck was hit by an Ohio Oil Company (D) truck
driven by its employee, Smedley. During trial and during the testimony of a medical witness
for P, the court permitted the use of a plastic model human skeleton to assist in the
explanations. D objected in that it was unnecessary to an understanding of the issues, was
gruesome, and tended only to arouse the emotion rather than explain anything. The jury
awarded P $50,000 and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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