Green v. Castronova

This is an appeal on questions of law by defendant, appellant herein, from the order of the trial court granting plaintiff, appellee herein, a new trial. The jury had returned a verdict in favor of defendant. The trial judge sustained plaintiff’s motion for a new trial, because he found the verdict to be manifestly against the weight of the evidence.

The first question before this court is the standard we must use in reviewing this ease.

The case of Poske v. Mergl, 169 Ohio St. 70, holds as follows :

“1. Where the evidence in the trial of a case is such that the case must be submitted to a jury…