Marietta & Cincinnati R. R. v. Strader & Co.
Ohio Supreme Court
Error to the Superior Court of Cincinnati. The original action was bought by the defendant in error, Strader & Co., against the plaintiff in error, to recover damages caused by the alleged negligence of the servants of plaintiff in error in operating one of its railroad trains in crossing a public highway. The trial resulted in a verdict for the plaintiff in error,, the defendant below.
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Error to the Superior Court of Cincinnati. The original action was bought by the defendant in error, Strader & Co., against the plaintiff in error, to recover damages caused by the alleged negligence of the servants of plaintiff in error in operating one of its railroad trains in crossing a public highway. The trial resulted in a verdict for the plaintiff in error,, the defendant below. A motion for a new trial having been overruled, a bill of exceptions was taken, embodying all the evidence and the-charge of the court in full. At the close of the general charge, a general exception only was…
1Opinion of the Court
By the Court.
Numerous special instructions were given to the jury at the instance of the parties; but of none of them can the plaintiffs in error complain.
"Where a party relies simply on a misdirection to the jury as a ground of reversal, his exception must be taken as required in article 5, title 9, of the code. And where the exception is to the general charge, the parts excepted to ought to be specifically pointed out at the time the exception is taken. Kline v. Wynne, 10 Ohio St. 223; Adams v. The State, 25 Ohio St. 584.
But where the ground of error is the refusal of the court *452to grant a…
2Cases cited1 opinion
- Vairin v. Canal InsuranceOhio Supreme Court · 1840
3Cited by16 opinions
- Andrews v. WatsonOhio Circuit Courts · 1887
- Baird v. Burton Telephone Co.Geauga Circuit Court · 1907
- Baker v. PendergastOhio Supreme Court · 1877
- Banta v. MartinOhio Supreme Court · 1882
- Berry v. StateOhio Supreme Court · 1877
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