Board of Commissioners v. Deitsch

Citations

• 94 Ohio St. 1
• 14 Ohio Law Rep. 45
• 113 N.E. 745
• 1916 Ohio LEXIS 159

Syllabus

<p>Error proceedings — Questions considered by reviewing court — Confined to errors challenged — Instructions- to jury — Conflict of special findings with general verdict — -Finding as to ditch — Section 6469, General Code — Fi-nal judgment cannot be entered on review, when.</p> <p>1. Under the well-established rule that the court of last resort will not consider questions, other than such as go to the jurisdiction of the subject-matter, which were not made in the trial court or assigned for error in the intermediate court, this court will not inquire whether in a given case the submission of interrogatories to the jury was competent where no objection was made to such interrogatories nor to the consideration of the answers thereto in either of the lower courts.</p> <p>2. Judgment should not be rendered on special findings of fact as against the general verdict unless such special findings, when considered together, are inconsistent and irreconcilable with the general verdict. The evidence cannot be considered in determining such conflict.</p> <p>3. In a proceeding in error from a judgment rendered in the probate court pursuant to the verdict of a jury in the trial of an appeal under Section 6469, General Code, which verdict was that “the ditch will be conducive to public health, convenience and welfare,” the reviewing court is not authorized to reverse and enter a final judgment in favor of the adverse party upon the ground that the special findings of fact “in connection with the evidence” are inconsistent and irreconcilable with the general verdict.</p>