Hoops v. United Telephone Co.

The appellant sets forth two propositions of law:

“Proposition of Law No. 1: Section 5 of Article I of the Constitution of Ohio guarantees the right of trial by jury in those cases of the kind triable by a jury prior to its adoption.”

“Proposition of Law No. 2: R.C. 4101.17 establishes a civil action for damages of the kind triable by a jury prior to the adoption of Section 5 of Article I of the Constitution of Ohio.”

We shall discuss both of these propositions together in answering the basic query whether a jury trial is made available to a claimant in an action pursuant to R.C. 4101.17…