Carrothers v. Hunter

The record in this case clearly shows that the giving of the charge by the trial judge, in response to the question asked by the jury, was based upon the judge’s and counsels’ belief that the law contained in the charge was correct. Kohn v. B. F. Goodrich Co. (1941), 139 Ohio St. 141, 38 N. E. 2d 592. It is undisputed that counsel for the appellee had no knowledge of the error and that he relied upon the stated conclusion of the trial judge that the Kohn case was the applicable law. Under these circumstances, appellee’s counsel informed the judge:

“I have no objection to the charge being…