Niebling v. Laidlaw

Citations

• 22 Ohio C.C. Dec. 371

Syllabus

<p>ERROR — VERDICTS.</p> <p>1. Trial Court Cannot Reform Verdict to Include Interest Omitted by Jury.</p> <p>A trial court, entering judgment, cannot, under R. S. 5199 (Gen. Code 11457), reform a verdict to include interest prayed for in tbe petition which the jury, in assessing the amount of recovery pursuant to R. S. 5203 (Gen. Code 11465), fails to include; but they should have been sent out again for further deliberation as provided by R. S. 5198 (Gen. Code-11456).</p> <p>2. Reviewing Court may Deduct Interest Improperly Included in Judgment.</p> <p>On review of a judgment improperly including interest, not - included by the jury in its verdict, the appellate court may modify the judgment entered by deducting interest so added.</p>