Ohio Supreme Court, 1935

Hocking Valley Mining Co. v. Hunter

Ohio Supreme Court · Decided December 26, 1935 · Weygandt, Stephenson, Jones, Matthias, Day, Zimmerman, Williams

199 N.E. 184; 130 Ohio St. 333; 130 Ohio St. (N.S.) 333; 4 Ohio Op. 359; 1935 Ohio LEXIS 196 (North Eastern Reporter)

Cases that cite this one

17 later published cases cite this decision.

Michigan-Ohio-Indiana Coal Assn. v. Nigh (Ohio 1936)
Massachusetts Mut. Life Ins. Co. v. Hauk (Ohio Ct. App. 1943)
Price v. McCoy Sales & Service, Inc. (Ohio 1965)
DiLoreto v. Shellenberger (Ohio Ct. App. 1960)
Gray v. Youngstown Municipal Ry. Co. (Ohio 1954)
Green v. Acacia Mutual Life Ins. (Ohio 1951)
Globe Indemnity Co. v. Schmitt (Ohio Ct. App. 1945)
Bridge v. Metropolitan Life Ins. (Ohio 1944)
Marietta v. Nichol (Ohio Ct. App. 1942)
Murphy v. Pittsburgh Plate Glass Co. (Ohio 1936)
State v. Huntsman (Ohio 1969)
Whitt v. Industrial Commission (Ohio Ct. App. 1958)
Hurt v. Charles J. Rogers Transportation Co. (Ohio 1953)
Cody v. Miller (Ohio Ct. App. 1951)
McClanahan v. Koviak (Ohio Ct. App. 1939)
J. & F. Harig Co. v. City of Cincinnati (Ohio Ct. App. 1938)
Lucke v. Robison & Co. (Ohio Ct. App. 1937)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The original action was an appeal from an order of the Industrial Commission denying a death award.

The Court of Common Pleas overruled defendant’s motions for a directed verdict and defendant’s motion for final judgment,- hut, after a verdict was returned for plaintiff, sustained a motion by defendant for new trial.

The defendant prosecuted error to the Court of Appeals, which court sustained a motion to dismiss the petition in error upon the ground that no final order was entered in the Common Pleas Court from which error proceedings could be prosecuted.

On consideration whereof it is ordered and adjudged by this court that the judgment of the Court of Appeals be, and the same hereby is, reversed for error in sustaining the motion to dismiss the petition in error (Davis v. Turner, 69 Ohio Si, 101, 68 N. E., 819, and Jacob Laub Baking Co. v. Middleton, 118 Ohio St., 106, 160 N. E., 629), and this cause is remanded to the Court of Appeals to determine whether the original defendant was entitled to a directed ver *334 diet upon a consideration of the evidence submitted in the Common Pleas Court.

Judgment reversed and cause remanded.

Weygandt, C. J., Stephenson, Jones, Matthias, Day and Zimmerman, JJ., concur. Williams, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.