Schwartz, Admx. v. Badila

2 Citing cases

  1. Book v. E. Sons, Inc.

    154 Ohio St. 391 (Ohio 1951)   Cited 19 times

    ntion to the need of an injured party for compensation rather than the real issues in the case, and tend to incite the rendition of verdicts which are excessive as the result of passion or prejudice. Arguments of the nature of the one presented in this case have been held by this court to have resulted in prejudicial error. Attention is directed to the following: Hayes v. Smith, 62 Ohio St. 161, 56 N.E. 879, argument outside the record and charging a suppression of evidence on the part of the defendant; Landesman v. Western Reserve University, 132 Ohio St. 131, 5 N.E.2d 322, argument that the jurors should consider themselves as trustees of the defendant, an educational institution, and, therefore, protect the fund of the institution for the benefit of the public; and Jones v. Macedonia-Northfield Banking Co., supra, where an argument was made that officials of a bank might steal without penalty from the bank but that others are punished for doing the same thing. See, also, Schwartz, Admx., v. Badila, Jr., 133 Ohio St. 441, 14 N.E.2d 609. The rule applicable in this case seems to be well stated in 39 Ohio Jurisprudence, 722, Section 136, as follows:

  2. Otto v. Whearty

    63 Ohio App. 495 (Ohio Ct. App. 1940)   Cited 3 times
    In Otto v. Whearty, 27 N.E.2d 190 (Ohio App.), a Cleveland ordinance which, under prescribed conditions, purported to give the right of way at street intersections to funeral processions was held invalid as in conflict with general statutory law relating to traffic lights at intersections.

    Schneiderman v. Sesanstein, 121 Ohio St. 80, 167 N.E. 158. This case was approved and followed in Schwartz, Admx., v. Badila, Jr., 133 Ohio St. 441, 14 N.E.2d 609. "It is not negligence for a person, entering a street intersection with the 'go' traffic signal, to rely upon all persons from a cross street, who are not at the time in the intersection, observing the 'stop' signal, so long as it is against them."