OBERLIN v. FRIEDMAN

No. 39431.

5 Ohio St. 2d 1 (1965)

OBERLIN, APPELLEE, v. FRIEDMAN, APPELLANT.

Supreme Court of Ohio.

Decided December 29, 1965.


Attorney(s) appearing for the Case

Messrs. Marshall, Melhorn, Bloch & Belt and Mr. Wilbur C. Jacobs, for appellee.

Messrs. Shumaker, Loop & Kendrick, Mr. Charles W. Peckinpaugh, Jr., and Mr. Robert G. Clayton, Jr., for appellant.


TAFT, C.J.

The Court of Appeals' determination that the Common Pleas Court erred in giving the first special charge and in its general charge is not supported by the reason which it gave for that determination. That reason is based on the expressed premise that there was evidence "that the defendant followed the usual practice and custom in handling of the two substances on the same tray." There was no such evidence. Plaintiff did offer evidence tending to prove that...

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