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>