Legal Opinion

Cincinnati Traction Co. v. Cole

Court of Appeals for the Sixth Circuit

Decided March 7, 1919No. 3186PublishedCited by 8 opinions

In Error to the District Court of the United States for the Western Division of the Southern District o.f Ohio; Howard C. Hollister, Judge. Action by James O. Cole and others, as executors of Clinton Crane, partners as C. Crane & Co., against the Cincinnati Traction Company. There was a judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

COCHRAN, District Judge.

The positions in the lower court of the parties to this writ were the reverse of what they are here. The trial was by jury, and the principal error assigned is the overruling of defendant's motion for a directed verdict. The motion was, not made until after the court's charge to the jury. The right to make it that late is challenged; but, as we hold that the motion was properly overruled, it is not necessary to -determine this question.- It may be noted, however, that the situation would have been different had the court refused to hqar the motion.

[1, 2] The motion was…

2Cases cited6 opinions

  1. Davis v. PatrickSupreme Court of the United States · 1891
  2. Emerson v. SlaterSupreme Court of the United States · 1860
  3. Gibbs v. BlanchardMichigan Supreme Court · 1867
  4. Merchants' National Bank of Ocala v. Citizens' State Bank of Council BluffsSupreme Court of Iowa · 1895
  5. Corkins v. CollinsMichigan Supreme Court · 1868

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3Cited by8 opinions

  1. South Florida Lumber Mills v. BreuchaudCourt of Appeals for the Fifth Circuit · 1931
  2. Barbour v. ThomasDistrict Court, E.D. Michigan · 1933
  3. Gotham Nat. Bank of New York v. Sharood Co.Court of Appeals for the Second Circuit · 1928
  4. Wisconsin & Arkansas Lumber Co. v. DayCourt of Appeals for the Eighth Circuit · 1929
  5. Way v. BaydushSupreme Court of Virginia · 1922

3 more not listed; retrieve them via the Exa API.

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