Limbaugh v. Western Ohio Railroad
Ohio Supreme Court
Error to the Court' of Appeals of Allen county. The Western Ohio Railroad Company, as lessee, was, at the time of the injury to M. J. Limbaugh, operating its cars over an interurban railroad belonging to The Western Ohio Railway Company. Suit was filed against The Western Ohio Railway Company and service made on that defendant.
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Error to the Court' of Appeals of Allen county. The Western Ohio Railroad Company, as lessee, was, at the time of the injury to M. J. Limbaugh, operating its cars over an interurban railroad belonging to The Western Ohio Railway Company. Suit was filed against The Western Ohio Railway Company and service made on that defendant. After the issues were joined the case came on for trial in that situation, the defendant railway company being represented by the firms of Wheeler & Bentley and Goeke, Anderson & 'Musser as its attorneys. During the progress of the trial it developed that the negligent…
1Opinion of the CourtJones, J.
Jurisdiction over the substituted defendant could be obtained by its voluntary appearance in the action. Such appearance was entered when its counsel appeared and contested the merits of the action after the substitution had taken place. The record discloses that, before substitution, the vice president and general manager of the substituted compány was in court and testified that the law firms defending the railway company also represented the substituted defendant, the firm of Goeke, Anderson & Musser representing it generally and Wheeler & Bentley representing it locally at Lima. It also…
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