# Rohde v. Farmer

> Ohio Supreme Court · September 23, 1970 · 23 Ohio St. 2d 82

URL: https://www.frixlaw.com/law-library/cases/6754481

## Case

- **Full name:** Rohde, Admr. v. Farmer
- **Court:** Ohio Supreme Court
- **Decided:** September 23, 1970
- **Citations:** 23 Ohio St. 2d 82; 52 Ohio Op. 2d 376; 262 N.E.2d 685; 1970 Ohio LEXIS 376
- **Precedential status:** Published
- **Opinion:** Concurrence by Herbert
- **Judges:** Corrigan, Duncan, Herbert, Leach, Matthias, Neill, Only, Schneider, Taft, Tenth
- **Cited by:** 439 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6754481

## Opinion text

Herbert, J.,
concurring. In my opinion, this court should not foreclose the possibility that a trial judge, by his actions of record subsequent to the verdict, can so taint the exercise of his discretion that his view of the credibility of the witnesses and his granting of a new trial upon the weight of the evidence are not entitled to the near “carte blanche” acceptance by a reviewing court which appears to emerge from the majority opinion.
The judgment of the Court of Appeals in this case should be affirmed because a prejudicially erroneous instruction was given to the jury. Myers v. Lawson Milk Co. (1968), 14 Ohio St. 2d 111 , 236 N. E. 2d 542 ; Bahm v. Pittsburgh & Lake Erie Rd. Co. (1966), 6 Ohio St. 2d 192 , 217 N. E. 2d 217 ; Mills v. Pennsylvania N. Y. C. Transp. Co. (1968), 16 Ohio St. 2d 97, 104 , 243 N. E. 2d 99 , footnote 1. Cf. Schweinfurth v. C., C., C. & St. L. Ry. Co. (1899), 60 Ohio St. 215 , 54 N. E. 89 , and Wellston Coal Co. v. Smith (1901), 65 Ohio St. 70 , 80, 61 N. E. 143 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6754481. Public record. Not legal advice.