# Masheter v. Hoffman

> Ohio Supreme Court · June 13, 1973 · 34 Ohio St. 2d 213

URL: https://www.frixlaw.com/law-library/cases/6755095

## Case

- **Full name:** Masheter, Dir. of Highways v. Hoffman
- **Court:** Ohio Supreme Court
- **Decided:** June 13, 1973
- **Citations:** 34 Ohio St. 2d 213; 63 Ohio Op. 2d 357; 298 N.E.2d 142; 1973 Ohio LEXIS 370
- **Precedential status:** Published
- **Opinion:** Concurrence by Herbert
- **Judges:** Brown, Celebrezze, Corrigax, Herbert, Neill, Stern
- **Cited by:** 14 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/6755095

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755095. Public record. Not legal advice.