character test in Ohio

2013A proper interrogatory is designed to lead to “ ‘findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict shall stand.’ ” Id. at 613-614 , quoting Bradley v. Mansfield Rapid Transit, Inc., 154 Ohio St. 154, 160 , 93 N.E.2d 672 (1950).

2013A proper interrogatory is designed to lead to “ ‘findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict shall stand.’ ” Id. at 613-614 , quoting Bradley v. Mansfield Rapid Transit, Inc., 154 Ohio St. 154, 160 , 93 N.E.2d 672 (1950).

2013Accordingly, “[w]hen the plaintiff’s allegations include more than one act of negligence, it is proper to instruct the jury to specify of what the negligence consisted.” Freeman at 614 , citing Davison v. Flowers, 123 Ohio St. 89 , 174 N.E. 137 (1930), at paragraph four of the syllabus.

2013Accordingly, “[w]hen the plaintiff’s allegations include more than one act of negligence, it is proper to instruct the jury to specify of what the negligence consisted.” Freeman at 614 , citing Davison v. Flowers, 123 Ohio St. 89 , 174 N.E. 137 (1930), at paragraph four of the syllabus.

2011“Proper jury interrogatories lead to ‘findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict shall stand.’” Bobb Forest Products, Inc. v. Morbark Industries, Inc., 151 Ohio App.3d 63 , 2002-Ohio-5370 , 783 N.E.2d 560 , citing Freeman v. Norfolk & W.

2011“Proper jury interrogatories lead to ‘findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict shall stand.’” Bobb Forest Products, Inc. v. Morbark Industries, Inc., 151 Ohio App.3d 63 , 2002-Ohio-5370 , 783 N.E.2d 560 , citing Freeman v. Norfolk & W.

2002Id. {¶ 70} Proper interrogatories are those that will lead to "findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict will stand." Freeman, supra (citing Bradley v. Mansfield Rapid Transit, Inc . (1950), 154 Ohio St. 154 , 160 , 93 N.E.2d 672 ).

1999Co. (1966), 6 Ohio St.2d 192 , 35 O.O.2d 307 , 217 N.E.2d 217 .

1999Co. (1966), 6 Ohio St.2d 192 , 35 O.O.2d 307 , 217 N.E.2d 217 .

1999Co. (1994), 69 Ohio St.3d 611, 614 , 635 N.E.2d 310, 313-314 ; Ziegler, supra, 67 Ohio St.3d at 15 , 615 N.E.2d at 1028 . 'Proper jury interrogatories lead to “findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict shall stand.” Freeman, supra, 69 Ohio St.3d at 613-614, 635 N.E.2d at .313-314, quoting Bradley v. Mansfield Rapid Transit, Inc. (1950), 154 Ohio St. 154, 160 , 42 O.O. 221, 223-224 , 93 N.E.2d 672 , 676-677 overruled on other grounds, Bahm v. Pittsburgh & Lake Erie Rd.

1999Co. (1994), 69 Ohio St.3d 611, 614 , 635 N.E.2d 310, 313-314 ; Ziegler, supra, 67 Ohio St.3d at 15 , 615 N.E.2d at 1028 . 'Proper jury interrogatories lead to “findings of such a character as will test the correctness of the general verdict returned and enable the court to determine as a matter of law whether such verdict shall stand.” Freeman, supra, 69 Ohio St.3d at 613-614, 635 N.E.2d at .313-314, quoting Bradley v. Mansfield Rapid Transit, Inc. (1950), 154 Ohio St. 154, 160 , 42 O.O. 221, 223-224 , 93 N.E.2d 672 , 676-677 overruled on other grounds, Bahm v. Pittsburgh & Lake Erie Rd.

1995In United States v. Williams (C.A.7, 1984), 738 F.2d 172 , however, the Seventh Circuit Court of Appeals refused to apply a distinction between reputation and opinion character witnesses who were asked if their opinion of the defendant would change if they were to assume that the defendant committed the acts for which he was on trial.

1995In White , then-circuit Judge Ruth Bader Ginsberg wrote the majority opinion for the court, interpreting identical Fed.Evid.R. 405 as follows: “Cross-examination of witnesses who testify only to the defendant’s community reputation -with hypotheticais assuming guilt may be improper. * * * However, similar cross-examination of witnesses who — as the witness did here * * * — give their own opinion of the defendant’s character is not error.” Id. at 274-275 .

1988Also in Clark v. Barnard (1883), 108 U.S. 436 , the Supreme Court stated that liquidated damages are more appropriate where the public interest is involved. *171 Whether or not the forfeiture of a bond is to be construed as liquidated damages depends in part on the character of the privilege granted, the character of the statute and the difficulty of ascertaining actual damages. 12 American Jurisprudence 2d (1964), Bonds, Section 44.

1971Sours v. State (1959), 82 Ohio Law Abs. 594 .

1953In the case of Estate of Buxton (1944), 246 Wis., 97 , 16 N. W. (2d), 399 , where the factual situation was similar to that presented in the instant case, it was held that where the assets of the estate of the deceased widow of a civil-war veteran consisted entirely of funds accumulated from the proceeds of a pension paid to the guardian of the deceased widow such assets are not exempt under Section 454a, Title 38, U. S. Code, from a claim of the state for care and maintenance furnished to the deceased while confined in an insane asylum.

1953In the case of Estate of Buxton (1944), 246 Wis., 97 , 16 N. W. (2d), 399 , where the factual situation was similar to that presented in the instant case, it was held that where the assets of the estate of the deceased widow of a civil-war veteran consisted entirely of funds accumulated from the proceeds of a pension paid to the guardian of the deceased widow such assets are not exempt under Section 454a, Title 38, U. S. Code, from a claim of the state for care and maintenance furnished to the deceased while confined in an insane asylum.

1938In the case of Blankenship v. Hall, 233 Ill., 116 , 84 N. E., 192 , a case involving a state of facts somewhat similar to the case at bar, the court in its opinion says: “The words ‘creditors and others,’ in the statute on frauds and perjuries, has generally been liberally construed, the word ‘creditors’ not being used in a strict technical sense, but applying to all persons having demands, accounts, interest or cause of action. * * * The character of the claim, if it is just and lawful, is immaterial and a contingent claim is as fully protected as one that is absolute. * * * The widow’s award

1938In the case of Blankenship v. Hall, 233 Ill., 116 , 84 N. E., 192 , a case involving a state of facts somewhat similar to the case at bar, the court in its opinion says: “The words ‘creditors and others,’ in the statute on frauds and perjuries, has generally been liberally construed, the word ‘creditors’ not being used in a strict technical sense, but applying to all persons having demands, accounts, interest or cause of action. * * * The character of the claim, if it is just and lawful, is immaterial and a contingent claim is as fully protected as one that is absolute. * * * The widow’s award

1932In the case of Peters v. U. S., ex rel., supra, which seems to be the leading case holding that a bankruptcy court is bound by the judgment, of a state court, the court looked to the declaration (petition in Ohio) to ascertain the character of the liability and whether the issues upon which the case was triéd and the verdict and judgment rendered were such as would make a cause of action upon a liability not barred by a discharge in bankruptcy, and only refused to go into the evidence.