New York, Chicago & St. Louis Railroad v. Fieback
Ohio Supreme Court
Error to the Circuit Court of Huron county. Flenry A. Fieback, the defendant in error, commenced this action by a petition in the court of common pleas of Huron county, alleging that the defendant is a railroad corporation operating a railroad from Buffalo to Chicago and passing through the village of Bellevue in the county of Huron, and that on and prior to March 29, 1908, the defendant was using in' connection with the operation of its railroad a yard located in the said…
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Error to the Circuit Court of Huron county. Flenry A. Fieback, the defendant in error, commenced this action by a petition in the court of common pleas of Huron county, alleging that the defendant is a railroad corporation operating a railroad from Buffalo to Chicago and passing through the village of Bellevue in the county of Huron, and that on and prior to March 29, 1908, the defendant was using in' connection with the operation of its railroad a yard located in the said village of Bellevue; that on and prior to said date the defendant had in its employ one John Beattie whose duties were to…
1Opinion of the CourtDavis, C. J.
It is clear to us that the court of common pleas erred in refusing to grant the motion, made at the close of all the testimony, to direct a verdict for the defendant; and that the circuit court erred in affirming the judgment of the court of common pleas. The process by which *264we arrive at this conclusion is neither long nor intricate. It is as follows.
By Sections 3427 and 3428, Revised Statutes, (General Code, Sections 9150 and 9151), the governor is authorized to appoint and commission, upon the request of a railroad company, such persons as the company may designate, or as many as he may…
2Cases cited6 opinions
- Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
- Brill v. EddySupreme Court of Missouri · 1893
- Woodhull v. . the Mayor, Etc.New York Court of Appeals · 1896
- Healey v. LothropMassachusetts Supreme Judicial Court · 1898
- Foster v. Grand Rapids Railway Co.Michigan Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.