
    TAYLOR v. SCHLICTER.
    Ohio Supreme Court.
    No. 20407.
    Decided Feb. 29, 1928.
    Error to Scioto Appeals.
    Judgment reversed.
    1195. TRIALS BY JURY — 677. Judgments which deny Substantial Justice — 328. Court of Appeals finding as to, not conclusive.
    1. Error for Judge to withdraw conflicting questions of fact from jury and charge it, as to them as a matter of law.
    2. Entering a judgment which denies a party, against whom it operates, substantive constitutional rights, denies substantial justice.
    3. Finding by Court of Appeals, pursuant to 11364 <JC., that substantial justice between parties was accomplished by trial court’s j'udgment, not conclusive.
   KINKADE, J.

1. It is error for a trial judge, when the evidence is in conflict in a jury trial, to withdraw questions of fact from the consideration of the jury and charge the jury what the facts are as a matter of law.

2. Substantial justice cannot be accomplished by entering a judgment which denies the party against whom the judgment operates substantive rights guaranteed to him by the law and the constitution.

3. A finding by the Court of Appeals, in its journal entry, pursuant to Section 11364, General Code, that substantial justice between the parties was accomplished by the judgment entered in the trial court is not conclusive.

(Marshall, CJ., Allen, Robinson, Jones and Matthias, JJ., concur.)  