Legal Opinion

Milligan v. Ohio Bell Telephone Co.

Ohio Supreme Court

Decided December 6, 1978No. 78-349PublishedCited by 46 opinions

1Opinion of the CourtSweeney, J.

Although appellee had not first sought a determination from the commission that Ohio Bell had violated any of the provisions of R. C. Chapter 4905, the Court of Appeals held that the trial court had jurisdiction to hear the complaint seeking treble damages under R. C. 4905.61.

*194B. C. 4905.61 provides, in relevant part, that any person, firm, or corporation injured by any act or omission by a utility in violation of B. C. Chapter 4905 or an order of the commission may bring an action for treble damages against the utility. It also provides that any recovery by an injured party will not affect a…

2Cases cited9 opinions

  1. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  2. Binderup v. Pathe Exchange, Inc.Supreme Court of the United States · 1923
  3. Southgate Development Corp. v. Columbia Gas Transmission Corp.Ohio Supreme Court · 1976
  4. Berjian v. Ohio Bell Telephone Co.Ohio Supreme Court · 1978
  5. State ex rel. Northern Ohio Telephone Co. v. WinterOhio Supreme Court · 1970

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

3Cited by46 opinions

  1. Kazmaier Supermarket, Inc. v. Toledo Edison Co.Ohio Supreme Court · 1991
  2. State ex rel. Illuminating Co. v. Cuyahoga Cty. Court of Common PleasOhio Supreme Court · 2002
  3. State ex rel. Cleveland Electric Illuminating Co. v. Cuyahoga County Court of Common PleasOhio Supreme Court · 2000
  4. State ex rel. Columbia Gas of Ohio, Inc. v. HensonOhio Supreme Court · 2004
  5. Cleveland Mobile Radio Sales, Inc. v. Verizon WirelessOhio Supreme Court · 2007

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