Ohio Supreme Court November 15, 1961, No. 36760 (Berry v. Roy)

Per Curiam.

Did the trial court abuse its discretion and invade the province of the jury by setting aside the verdict and granting a new trial?

Where a new trial is granted, no judgment is substituted for one on a verdict of a jury, but simply another trial must be had, and thus there is no substitution of the finding of the court for that of the jury.