Legal Opinion

Palmer v. Ohio

Supreme Court of the United States

Decided December 9, 1918No. 260PublishedCited by 78 opinions

.ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The case is stated in the opinion.

1Opinion of the CourtJustice Clarke

The plaintiffs in error sued the State of Ohio for damages for flooding lands by elevating the spillway of a state-maintained dam. The Supreme Court of the State affirmed the action of the lower courts in dismissing the petition on the ground that the State had not consented so to be sued, and we are asked to review this decisiop.

The plaintiffs in error agree, as they must, that their suit cannot be maintained without the consent of the State, but" they claim that such consent was given in an amendment to § 16 of Article I of the state constitution, adopted in 1912, which reads:

“Suits may be…

2Cases cited8 opinions

  1. Hans v. LouisianaSupreme Court of the United States · 1890
  2. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  3. Elmendorf v. TaylorSupreme Court of the United States · 1825
  4. Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
  5. Brown v. New JerseySupreme Court of the United States · 1899

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3Cited by78 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Parden v. Terminal Railway of Alabama State Docks DepartmentSupreme Court of the United States · 1964
  4. Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
  5. Spanel v. Mounds View School District No. 621Supreme Court of Minnesota · 1962

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