Ruta v. Breckenridge-Remy Co.

The sole issue presented by appellants’ first proposition of law is whether, in reversing a trial court on the basis that the court should have granted a motion for a directed verdict, a court of appeals engages in weighing evidence and therefore is bound by the provision of Section 3(B)(3), Article IV of the Ohio Constitution, which prohibits reversal on the weight of the evidence of judgments resulting from a trial by jury, except by concurrence of all three judges hearing the case. Stated another way, the question is whether a motion for a directed verdict presents only a question of law,…