Schram v. Cincinnati

EPITOMIZED OPINION

MARSHALL, C. J.:

As a result of a change in the grade of a certain street in Cincinnati, in 1909, Schram’s property was injured by interference with ingress and by removing lateral support from the lot. In 1912,- suit was brought for damage on both counts and judgment was rendered for Schram, although the trial judge erroneously instructed the jury to disregard one of the elements as a basis for damage. Schram denies that the causes of action are the same and upon a demurrer to the reply, an agreed statement of facts was drawn up by the parties and submitted to the trial…