
    No. 128
    CIN. TRAC. CO. & N. W. CO. v. COCHRAN
    Ohio Appeals, 1st Dist., Hamilton County
    No. 2225
    Decided July 16, 1923.
    1235. VERDICT—Of jury legal, when words “equally divided” construed as mere surplus-age.
    Published only in Ohio Law Abstract
    Attorneys—John M. MeCaslin, for Traction Co.; Hollister & Hollister for Railway Co.; Charles M. Leslie and Thos. L. Michel for Cochran. All of Cincinnati.
   BURCHWALTER, J.

Epitomized Opinion

Original action was for damages in the Hamilton Common Pleas; brought by Irene Cochran against The Cincinnati Traction Co. and The Norfolk and Western Railway Co. for injuries received as a result of the joint negligence of said companies. Cochran obtained judgment for $3000: and error is prosecuted to reverse judgment.

The following are the grounds of error alleged by plaintiffs:

1. Verdict of jury was illegal because of apportionment of damages, the judgment being joint.

2. Lower court erred in overruling motion of Railway Co. to dismiss it from cause.

3. The verdict was excessive.

The Court of Appeals held:

1. The jury in its verdict inserted the words “equally divided” as to the damages assessed against both companies. These words were surplusage and it was not reversible error to enter joint judgment on such a verdict.

2. Evidence showed that negligence of Traction Co. together which that of Railway Co. created the situation which resulted in the injury of Cochran. There was sufficient evidence of negligence against the Railway Co. to warrant the submission of the case to the jury.

3.Verdict and judgment are against the weight of evidence. The evidence will not support a verdict exceeding $2000.

If Cochran remits $1000 from the judgment it will be affirmed; otherwise judgment will be reversed on the weight of the evidence. Judgment accordingly.  