Legal Opinion

Hetrick v. Marion-Reserve Power Co.

Ohio Supreme Court

Decided April 7, 1943No. 29190PublishedCited by 39 opinions

1Opinion of the CourtBell, J.

The single question presented is the correctness of the judgment of the Court of Appeals.

Before directing our attention to that question we shall dispose of certain claims made by the plaintiff. It is vigorously asserted both in the brief and in oral argument that the Court of Appeals injected into the case a new issue not made by the pleadings or presented to the trial court; the claim being that the judgment of the Court of Appeals is based upon the conclusion that plaintiff’s decedent was a trespasser, and for that reason could not recover.

It is true that the majority opinion of the Court…

2Cases cited10 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Depue v. FlatauSupreme Court of Minnesota · 1907
  3. Evers v. DavisSupreme Court of New Jersey · 1914
  4. Koehler v. Waukesha Milk Co.Wisconsin Supreme Court · 1926
  5. Knowlton v. Des Moines Edison Light Co.Supreme Court of Iowa · 1902

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

3Cited by39 opinions

  1. Menifee v. Ohio Welding Products, Inc.Ohio Supreme Court · 1984
  2. Metzger v. Pennsylvania, Ohio & Detroit Rd.Ohio Supreme Court · 1946
  3. Otte v. Dayton Power & Light Co.Ohio Supreme Court · 1988
  4. Tice v. E. I. Du Pont De Nemours & Co.West Virginia Supreme Court · 1958
  5. Turowski v. JohnsonOhio Court of Appeals · 1990

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

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