State v. Marinski , 139 Ohio St. 559 ( 1942 )

In my opinion the trial court committed error in giving inconsistent instructions to the jury, and on that ground alone I approve the action of the Court of Appeals in reversing the judgment of the Common Pleas Court. This position is supported by this court in the following cases: Montanari v. Haworth,108 Ohio St. 8, 140 N.E. 319; and Industrial Commission v. Ripke,129 Ohio St. 649, 196 N.E. 640.

WILLIAMS and HART, JJ., concur in the foregoing concurring opinion.