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POSKE v. MERGL

No. 35598.

169 Ohio St. 70 (1959)

POSKE, APPELLANT, v. MERGL, APPELLEE.

Supreme Court of Ohio.

Decided April 1, 1959.

Attorney(s) appearing for the Case

Mr. A. H. Dudnik, Mr. Fred Weisman and Mr. Otto Themann, for appellant.

Mr. James A. Chiara, for appellee.

STEWART, J.

The sole error assigned in this court is that "the Court of Appeals erred in reversing the judgment of the trial court for the reason that the granting of a new trial by the trial court was not an `abuse of discretion.'"

Plaintiff states that the question of law presented to us is, "Was the granting of a new trial to the plaintiff by the trial court a clear abuse of discretion which showed an unconscionable...

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