Batavia Tpk. & Miami Bridge Co. v. Hodapp

Ohio Circuit Courts

Batavia Tpk. & Miami Bridge Co. v. Hodapp

22 Ohio C.C. Dec. 680

DecidedJanuary 29, 1910

StatusPublished

This text of 22 Ohio C.C. Dec. 680 (Batavia Tpk. & Miami Bridge Co. v. Hodapp) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batavia Tpk. & Miami Bridge Co. v. Hodapp, 22 Ohio C.C. Dec. 680 (Ohio Super. Ct. 1910).

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Opinion

SMITH, J.

It was error in the trial court to charge the jury that “if you find by a preponderance of the evidence that the plaintiff was without fault he would be entitled to recover.” This is not a prbper statement of the law to the jury, as it eliminates from the case the duty on the part of the plaintiff to prove that the negligence of the defendant caused the injury complained of, and we do not think the effect of this charge was removed by the court.

Upon the question of the verdict being excessive, we-are of the opinion that such is the case, and had the verdict 'been for a sum in the neighborhood of $250, under the evidence it would seem more reasonable

Judgment reversed.

Giffen and Swing, JJ., concur.

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SMITH, J.

It was error in the trial court to charge the jury that “if you find by a preponderance of the evidence that the plaintiff was without fault he would be entitled to recover.” This is not a prbper statement of the law to the jury, as it eliminates from the case the duty on the part of the plaintiff to prove that the negligence of the defendant caused the injury complained of, and we do not think the effect of this charge was removed by the court.

Upon the question of the verdict being excessive, we-are of the opinion that such is the case, and had the verdict 'been for a sum in the neighborhood of $250, under the evidence it would seem more reasonable

Judgment reversed.

Giffen and Swing, JJ., concur.

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Bluebook (online)

22 Ohio C.C. Dec. 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batavia-tpk-miami-bridge-co-v-hodapp-ohiocirct-1910.