Yungwirth v. McAvoy

Appellants maintain that the jury’s verdict was against the manifest weight of the evidence, and seek a new trial.

As succinctly stated by the late Justice Zimmerman: “This court does not weigh evidence.” Schofield v. Cleveland Trust Co. (1948), 149 Ohio St. 133, 139.

Even assuming that we were to weigh the evidence, examination of the record reveals substantial support for the jury’s verdict. As most recently stated by this court-in Rohde v. Farmer (1970), 23 Ohio St. 2d 82, the question of whether to grant a new trial upon the basis of the weight of the evidence is within the sound discretion…