Dayton Folding Box Co. v. Ruehlman

Citations

• 21 Ohio C.C. Dec. 292

Syllabus

<p>ATTORNEY AND CLIENT — ERROR—MASTER AND SERVANT —TRIAL.</p> <p>1. Prejudicial Remarks by Counsel to Jury Requiring Reversal.</p> <p>Statements of fact being made by counsel during a trial, within the hearing of a jury, that are prejudicial, incompetent or not at issue, should be corrected immediately and modified by the trial judge without waiting to be reminded by opposing counsel; in default of so doing, the wrong being one impossible' of nullification or its not manifestly appearing on review that no prejudice in the minds of the jury resulted therefrom, the judgment should be reversed.</p> <p>3. Master’s Liability After Ineffectual Attempt to Repair Defective Machinery.</p> <p>A verdict for damages for injuries received by an employe resulting from defective machinery after an ineffectual effort to repair it will not be reversed, it clearly appearing that the machine at which plaintiff was •employed was not working properly, an effort, was made to repair it and he was assured that it was all right; the fact that the repair was not made at the exact time claimed by plaintiff is immaterial.-</p> <p>,[Syllabus approved by the court ]</p>