Norris v. Brotherhood of Railway Clerks' Nat'l Bank

ROSS, PJ.

This action was therefore one at law, and under §11379 GC, the case was triable to a jury, unless waived. Lust v Farmers’ Bank & Savings Co., 114 Oh St 312, 320, 151 NE 189; Raymond v T., St. L. & K. C. R. Co., 57 Oh St 271, 288, 48 NE 1093; Smith v Anderson, 20 Oh St 76, 81; 15 Ohio Jurisprudence 209, §46.

A jury was not waived, but as appears in the judgment entry the court instructed a verdict for the plaintiff, which was the equivalent of denying the defendants a jury trial. This constituted prejudicial and reversible error. Newnam’s Lessee v City of Cincinnati, 18 Ohio, 323, 333;…