Opinion

Masheter v. Hoffman

  • 34 Ohio St. 2d 213
  • 63 Ohio Op. 2d 357
  • 298 N.E.2d 142
  • 1973 Ohio LEXIS 370
Court
Ohio Supreme Court
Filed
Jun 13, 1973
Status
Published
Author
Herbert
On the bench
Brown, Celebrezze, Corrigax, Herbert, Neill, Stern
Cited by
14 cases

The opinion

Herbert, J.,

concurring. As I comprehend appellee’s argument, it is that even if the rule announced herein is the proper one, appellants should not prevail because the testimony proffered fails to establish that the excluded sales were “comparable.”

Examination of the disputed testimony does reveal a lack of thoroughness on appellants’ part. However, in view of the ruling with which appellants were forced to contend, the magnitude of the prejudice found by the Court of Appeals to have stemmed from that ruling, and the nature of this cause, justice would seem to be best served by a retrial of this matter under the changed rule of law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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