Haas v. Kundtz
Citations
- 94 Ohio St. 238
- 113 N.E. 826
- 1916 Ohio LEXIS 149
Syllabus
<p>Charge to jury — Expert testimony upon hypothetical question — Premises to question to be established by preponderance of evidence — Error to reverse judgment unless charge prejudicial, when.</p> <p>1. Where an opinion of an expert witness is given on a trial to a jury in answer to a hypothetical question, the court should instruct the jury that it is incumbent on the party calling the witness to establish the premises included in the question by a preponderance of the evidence.</p> <p>2. Where an instruction which is open to criticism has been given by a trial court to a jury and the record discloses that the instruction could not have resulted in prejudice to the complaining party, it is error for a reviewing court to reverse the judgment of the trial court upon that ground.</p>
Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanamaker
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- George Dickerson v. Shepard Warner Elevator Co.Sixth Circuit· 1961-02-24· cited 37×
- In re LarryCuyahoga County Juvenile Court· 1963-02-20· cited 3×
- Haddad v. JahnOhio Court of Appeals· 1960-10-28
- Ohio Collieries Co. v. CockeOhio Supreme Court· 1923-03-13
- Toledo, Columbus & Ohio River Railroad v. MillerOhio Supreme Court· 1923-06-26
- Fox v. Industrial CommissionOhio Supreme Court· 1955-02-23
Cites
8 cases in this archive are cited by this case.
- Fisher v. Travelers' Insurance Co.Tennessee Supreme Court· 1911-04-15· cited 65×
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court· 1897-11-01· cited 60×
- Blough v. ParryIndiana Supreme Court· 1896-04-03· cited 57×
- People v. FoleyMichigan Supreme Court· 1887-01-13· cited 39×
- Dudley v. GatesMichigan Supreme Court· 1900-06-05· cited 32×
- People v. VanderhoofMichigan Supreme Court· 1888-07-11· cited 24×
- Peterson v. BrackeySupreme Court of Iowa· 1909-03-11· cited 7×
- Burk v. ReeseSupreme Court of Iowa· 1909-07-02· cited 4×
Sourced from CourtListener / Free Law Project (CC0).
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