Wilson v. Hamilton
Ohio Supreme Court
Reserved in Columbiana county. This was an action on the case, brought in tbe common pleas of Columbiana county, October, 1852, to recover from defendant, as a common carrier, tbe value of a wagon and four horses and harness, lost in crossing tbe Ohio river on defendant’s ferry-boat.
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Reserved in Columbiana county. This was an action on the case, brought in tbe common pleas of Columbiana county, October, 1852, to recover from defendant, as a common carrier, tbe value of a wagon and four horses and harness, lost in crossing tbe Ohio river on defendant’s ferry-boat. The verdict in the common pleas was for defendant, whereupon the plaintiffs appealed to the district court, which reserved the case for decision here. *The plaintiffs introduced the admission of defendant, as follows: The defendant admits that he was a ferryman, when the horses and wagon and harness were lost;…
1Opinion of the CourtRanney, J.
It is with much difficulty that this cause can be retained for decision in this court. The district court, to which it was submitted — a jury being waived — instead of finding the facts,, and then sending the questions of law arising here for determination, after hearing the evidence ordered it to be set out in the record, and the facts, as well as the law of the case, to be reserved.
It is not, however, open to the objection which availed to remand the case of Hubble v. Renick, 1 Ohio St. 171. In that case the reservation was ordered upon -the motion of one of the parties; and we held that…
2Cases cited6 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- Fisher v. ClisbeeIllinois Supreme Court · 1851
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