Cleveland Railway Co. v. Trendel

Citations

• 101 Ohio St. (N.S.) 316

Syllabus

<p>Court of appeals — Jurisdiction—Weight of evidence — Section I'¡-577, General Code — Trial court grants new trial — But refuses same after retrial — Errors assigned for review.</p> <p>1. The right of a court of appeals to reverse the judgment of a trial court is predicated upon'its finding error in the proceedings of such court.</p> <p>2. A trial court having granted one new trial upon the weight of the evidence is prohibited by Section 11577, General Code, from granting a second new trial upon the same ground.</p> <p>3. Where the trial court has granted one new trial upon the weight of the evidence, and upon a second trial has overruled a motion for a new trial upon the same ground, for the reason that the court is prohibited by Section 11577, General Code, from granting the second new trial upon that ground, and error is prosecuted to the court of appeals, that court is without power to weigh the evidence and determine whether the verdict was in fact against-the weight of the evidence, since there could be no error in that respect by the trial court.</p>