MARKOTA v. GAS CO.

No. 32271.

154 Ohio St. 546 (1951)

MARKOTA ET AL., APPELLANTS, v. EAST OHIO GAS CO., APPELLEE.

Supreme Court of Ohio.

Decided February 14, 1951.


Attorney(s) appearing for the Case

Mr. Russell G. Mock and Mr. C. H. Dyson, for appellants.

Messrs. Manchester, Bennett, Powers & Ullman, Mr. James E. Bennett, Jr., and Mr. John H. Ranz, for appellee.


TAFT, J.

It is the contention of the plaintiffs that the trial court erred in failing to grant a new trial in toto.

This court has held that a trial court, in vacating a verdict and granting a new trial on a single cause of action, is required to vacate the entire verdict of the jury, and that the new trial must proceed ale novo as to all the issues in the case. Edelstein, Admx., v. Kidwell, 139 Ohio St. 595, 41 N.E.2d 564.

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