Eislein v. Palmer

Ohio Circuit Courts

Eislein v. Palmer

12 Ohio Cir. Dec. 725

DecidedJuly 1, 1898

StatusPublished

This text of 12 Ohio Cir. Dec. 725 (Eislein v. Palmer) 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

Eislein v. Palmer, 12 Ohio Cir. Dec. 725 (Ohio Super. Ct. 1898).

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Opinion

Swing, ]. (Memorandum of, decision.)

The verdict of the jury, which is to become the foundation of the. judgment, must be the verdict of all the jury; and as the verdict in thisl case, notwithstanding the direction of the court was not the verdict of all the jury, it was not a valid verdict.

Furthermore, the reviewing court holds that there was evidence respecting the alleged negligence ot the defendant, in not informing the plaintiff of the broken needle having been left in the incision, which should have gone to the jury.

Judgment reversed and cause remanded.

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Swing, ]. (Memorandum of, decision.)

The verdict of the jury, which is to become the foundation of the. judgment, must be the verdict of all the jury; and as the verdict in thisl case, notwithstanding the direction of the court was not the verdict of all the jury, it was not a valid verdict.

Furthermore, the reviewing court holds that there was evidence respecting the alleged negligence ot the defendant, in not informing the plaintiff of the broken needle having been left in the incision, which should have gone to the jury.

Judgment reversed and cause remanded.

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Bluebook (online)

12 Ohio Cir. Dec. 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eislein-v-palmer-ohiocirct-1898.