Keys v. Pittsburg & Wheeling Coal Co.
Ohio Supreme Court
Error to the Circuit Court of Belmont county. This action was brought by plaintiffs in error to recover of defendant in error damages on account of the latter having mined and removed coal belonging to the former. The plaintiffs in error recovered a judgment in the court of common pleas, which, on being taken on error to the circuit court, was there reversed for error in the charge of the court.
Read the full summary
Error to the Circuit Court of Belmont county. This action was brought by plaintiffs in error to recover of defendant in error damages on account of the latter having mined and removed coal belonging to the former. The plaintiffs in error recovered a judgment in the court of common pleas, which, on being taken on error to the circuit court, was there reversed for error in the charge of the court. Thereupon the plaintiffs in error brought the cause here to reverse the judgment of the circuit court and reinstate that of the court of common pleas. The facts necessary to a decision of the ease…
1Opinion of the CourtBradbury, J.
The particular ground upon which the circuit court reversed the judgment of the court of common pleas is left in some obscurity by the record. The only statement on the subject is “That the court erred in its charge. ” As the defendant in the court of common pleas excepted to a number of different propositions found in the charge, and also to the court’s refusal to give to the jury certain propositions of law that it presented for that purpose, we are left in doubt as to which of the propositions given or refused the statement in the record refers to. The particular propositions on this…
2Cases cited7 opinions
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Maye v. TappanCalifornia Supreme Court · 1863
- Robertson v. JonesIllinois Supreme Court · 1874
- Goller v. FettCalifornia Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.