Reynolds v. Pittsburgh, Cincinnati & St. Louis Railway Co.
Ohio Supreme Court
Motion for leave to file a petition in error to the Superior Court of Cincinnati. This was an action brought by Reynolds against the defendants in error for breach of their contract to carry twenty bales of “ tirosh ” from Cincinnati to Chicago, and safely deliver them at the latter named place.
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Motion for leave to file a petition in error to the Superior Court of Cincinnati. This was an action brought by Reynolds against the defendants in error for breach of their contract to carry twenty bales of “ tirosh ” from Cincinnati to Chicago, and safely deliver them at the latter named place. The defendants answered jointly, setting up as a bar to the action that the plaintiff had brought a former action against the Cincinnati, Hamilton and Dayton Railroad Company alone, “ upon the same cause of action,” and that upon the issues joined in said (former) action a judgment was rendered for…
1Opinion of the CourtWelch, C. J.
The reply admits the identity of the cause-of action in the two cases. In other words, it is admitted that the former action was brought upon the same contract as that sued upon in the present case, namely, a joint contract on the part of the two companies to carry the goods-in question from Cincinnati to Chicago. No plea in abatement, on account of the non-joinder of both companies, was interposed in that action. On the contrary, the record shows that it was tried upon its merits. The reply admits, in substance, that the defendant in the former case denied the- making of the contract, by…
2Cited by3 opinions
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- Yoho v. McGovernOhio Supreme Court · 1884