YUNGWIRTH v. McAVOY

No. 72-193.

32 Ohio St. 2d 285 (1972)

YUNGWIRTH ET AL., APPELLANTS, v. McAVOY, APPELLEE.

Supreme Court of Ohio.

Decided December 15, 1972.


Attorney(s) appearing for the Case

Messrs. Weisman, Goldberg, Weisman & Pearlman and Mr. Fred Weisman, for appellants.

Messrs. Davis & Young and Mr. George W. Lutjen, for appellee.


Per Curiam.

Appellants maintain that the jury's verdict was against the manifest weight of the evidence, and seek a new trial.

As succinctly stated by the late Justice Zimmerman: "This court does not weigh evidence." Schofield v. Cleveland Trust Co. (1948), 149 Ohio St. 133, 139.

Even assuming that we were to weigh the evidence, examination of the record reveals substantial support for the jury's verdict. As most recently stated...

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