Legal Opinion

Columbus Street Railway Co. v. Pace

Ohio Supreme Court

Decided April 28, 1903PublishedCited by 10 opinions

Error to the Circuit Court of Pickaway County. Joseph T. Pace, 'defendant in error, brought an action in the Court of Common Pleas of Franklin County, Ohio, against the Columbus Street Railway Co., to recover damages for personal injuries. The ease has been three times tried, twice in the Court of Common Pleas of Franklin County, and once in the Court of Common Pleas of Pickaway County.

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Error to the Circuit Court of Pickaway County. Joseph T. Pace, 'defendant in error, brought an action in the Court of Common Pleas of Franklin County, Ohio, against the Columbus Street Railway Co., to recover damages for personal injuries. The ease has been three times tried, twice in the Court of Common Pleas of Franklin County, and once in the Court of Common Pleas of Pickaway County. On the first trial the jury failed to agree, the second trial resulted in a verdict' and judgment against the street railway company, and in favor of the plaintiff, Joseph T. Pace. This judgment was, on error,…

1Opinion of the Court

The only question presented by the record in this case which we have thought it necessary at this time to consider or determine, is that of the proper interpretation, meaning and effect to be given to Section 5306, Revised Statutes, which section provides as follows: “The same court shall not grant more than one new trial on the weight of the evidence against' the same party in the same case.” This statute is of comparatively recent date and so far as we are advised has not heretofore received judicial interpretation in this state. Certainly not by this court. The office, meaning and intent…

2Cases cited4 opinions

  1. Illinois Central Railroad v. PattersonIllinois Supreme Court · 1879
  2. Wolbrecht v. BaumgartenIllinois Supreme Court · 1861
  3. Stanberry v. MooreIllinois Supreme Court · 1870
  4. Fuller, Williams & Co. v. LamarSupreme Court of Iowa · 1880

3Cited by10 opinions

  1. State Ex Rel. Jaster v. Court of Common PleasOhio Supreme Court · 1936
  2. United States v. Sacein Rouhana FarhatDistrict Court, S.D. Ohio · 1920
  3. Central Ohio Buggy Co. v. CowinOhio Court of Appeals · 1918
  4. Modern Brotherhood of America v. NyiryOhio Court of Appeals · 1917
  5. Adams. Exr. v. FoleyOhio Court of Appeals · 1929

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