Cincinnati (City) v. Johnson

Citations

• 18 Ohio C.C. Dec. 377
• 7 Ohio C.C. (n.s.) 167
• 1905 Ohio Misc. LEXIS 441

Syllabus

<p>DAMAGES — DRAINS AND DITCHES — ERROR—JURY.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Damages Recoverable oe City foe Negligent Construction of Drain.</p> <p>Damages may be recovered from a municipal corporation by the owner of realty for injuries to his premises resulting from the construction of a drain in such a manner as to obstruct the flow of water through it.</p> <p>2. Admission will Prevail over Special Finding.</p> <p>An admission of fact in a pleading will prevail over a special finding of the jury to the contrary.</p> <p>3. Failure of Foreman of Jury to Sign Special Finding, not Prejudicial Error.</p> <p>The fact that the foreman of a jury failed to sign a special finding until after the jury was discharged is not an error affecting any substantial right of the party complaining.</p> <p>4. Word “Opinion” in Special Finding is Equivalent to “Conclusion” or “Judgment.”</p> <p>A special finding of a jury that in its “opinion” certain damages resulted from a particular state of facts is equivalent to saying that such is its deliberate conclusion and judgment upon the evidence in the ease.</p> <p>[Syllabus approved by the court.]</p>