THOMPSON v. TITUS

No. 35770.

169 Ohio St. 203 (1959)

THOMPSON, APPELLEE, v. TITUS, APPELLANT.

Supreme Court of Ohio.

Decided May 6, 1959.


Attorney(s) appearing for the Case

Messrs. Herbert, Tuttle, Applegate & Britt, Mr. C. Richard O'Neil and Mr. F. Scott Zimmerman, for appellee.

Messrs. Maddox & Hire, Messrs. Vorys, Sater, Seymour & Pease, Mr. John M. Rankin and Mr. William E. Bailey, for appellant.


Per Curiam.

The question presented here is whether the Court of Appeals erred in holding that the judgment of the trial court constituted an abuse of discretion.

The powers and duties of a trial court with reference to granting a new trial on the weight of the evidence are defined in Poske v. Mergl, ante, 70.

A motion for a new trial on the ground that the judgment is not sustained by sufficient evidence imposes upon the trial...

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