Huber v. O'Neill

The sole issue in this case is whether, as a matter of law, reasonable minds could only conclude that probable cause existed for Beres’ assault and battery charge against Huber.

This court has held in O’Day v. Webb (1972), 29 Ohio St. 2d 215 at 220, that:

“* * *it is uncontestably the duty of a trial court to submit an essential issue to the jury when there is sufficient evidence, if believed, relating to that issue to permit reasonable minds to reach different conclusions on that issue. Wever v. Hicks (1967), 11 Ohio St. 2d 230; Francis v. Bieber (1967), 10 Ohio St. 2d 65, 69; Biery v.…