Struble v. City of Cincinnati , 83 Ohio App. 304 ( 1948 )

I dissent from the opinion and judgment because, when the trial court found the assessment exceeded the benefits, the assessment could not be sustained under the rules laid down in Damar RealtyCo. v. City of Cleveland, 143 Ohio St. 469, 55 N.E.2d 805. It must be presumed there was evidence to sustain the court's finding, in the absence of bills of exceptions showing the contrary. The decrees should be reversed and judgment should be here entered for the plaintiffs.