BERRY v. ROY

No. 36760.

172 Ohio St. 422 (1961)

BERRY, APPELLEE, v. ROY, APPELLANT.

Supreme Court of Ohio.

Decided November 15, 1961.


Attorney(s) appearing for the Case

Messrs. Reeves & Herron, for appellee.

Mr. L. P. Henderson and Mr. Jesse Roy, for appellant.


Per Curiam.

Did the trial court abuse its discretion and invade the province of the jury by setting aside the verdict and granting a new trial?

Where a new trial is granted, no judgment is substituted for one on a verdict of a jury, but simply another trial must be had, and thus there is no substitution of the finding of the court for that of the jury.

A motion for a new trial with reference to the weight or sufficiency of the evidence is addressed...

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