Legal Opinion
Bartlebaugh v. Pennsylvania Rd.
Ohio Supreme Court
Decided December 1, 1948No. 31397PublishedCited by 20 opinions
1Opinion of the CourtTurner, J.
Appellant asks this court either to reverse the case or reduce the amount of the judgment on the ground of excessiveness.
W ith this alternative relief asked we take up first the question whether a remittitur is justified.
In Section 2 of Article IV of the Constitution this court is given the power to modify a judgment of the Court of Appeals.
In the case of Alter v. Shearwood, a Minor, 114 Ohio St., 560, 151 N. E., 667, it was held in paragraphs two and three of the syllabus:
“2. A reviewing court, upon finding a verdict and judgment excessive, may, the plaintiff consenting to remit a part of…
2Cases cited1 opinion
- Alter v. ShearwoodOhio Supreme Court · 1926
3Cited by20 opinions
- Loftin v. WilsonSupreme Court of Florida · 1953
- Brandy Andler v. Clear Channel Broadcasting, IncCourt of Appeals for the Sixth Circuit · 2012
- Counts v. ThompsonSupreme Court of Missouri · 1949
- Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
- Montellier v. United StatesDistrict Court, E.D. New York · 1962
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