Cincinnati Street Railway Company v. Charles Snell
Decision Date | 17 December 1900 |
Docket Number | No. 110,110 |
Citation | 179 U.S. 395,21 S.Ct. 205,45 L.Ed. 248 |
Parties | CINCINNATI STREET RAILWAY COMPANY, Plff. in Err. , v. CHARLES B. SNELL |
Court | U.S. Supreme Court |
This was an action of tort instituted by Snell in the court of common pleas of Hamilton county, Ohio, against the Street Railway Company, to recover damages for personal injuries alleged to have been caused by its negligence.
On November 27, 1896, plaintiff Snell made a motion for a change of venue, and in support thereof filed his own affidavit as well as the affidavits of five other persons, in compliance with the following section of the Revised Statutes of Ohio:
This motion was overruled and an exception taken on January 28, 1897. A bill of exceptions was allowed and filed, showing what had occurred upon the motion so overruled.
The case came on for trial before a jury, and resulted in a verdict in favor of the railway company. Motion for a new trial was made and overruled, and judgment entered for the defendant upon the verdict.
After this judgment upon the merits, proceedings in error were begun and prosecuted in the state circuit court, sitting in Hamilton county, to reverse the judgment by reason of the refusal of the court of common pleas to change the venue under the section of the statute above quoted. By leave of the circuit court, the railway company filed an amendment to its answer, wherein it alleged, among other things, that § 5033 was in conflict with the 14th Amendment to the Constitution of the United States. The judgment of the court of common pleas was affirmed by the circuit court, July 18, 1898, whereupon Snell began a proceeding in the supreme court of the state to reverse the judgment of the circuit court, the only error assigned being to the judgment of the circuit court, affirming the judgment of the court of common pleas denying a change of venue.
On May 9, 1899, the supreme court of Ohio rendered the following judgment: ...
To continue reading
Request your trial-
McCabe v. Atchison, T. & S.F. Ry. Co.
... ... 434 et seq.), requiring every railroad company doing business ... in that state as a common ... this suit against the defendants, several railway companies ... doing business throughout Oklahoma ... ...
-
Mercantile National Bank At Dallas v. Langdeau Republic National Bank of Dallas v. Langdeau, s. 14
...351 U.S. 513, 519—520, 76 S.Ct. 912, 916—917, 100 L.Ed. 1377. This is not a case of first impression. In Cincinnati Street R. Co. v. Snell, 179 U.S. 395, 21 S.Ct. 205, 45 L.Ed. 248, the railway company sought to appeal from a determination by the highest court of the State directing a chang......
-
Cincinnati Street Railway Company v. Charles Snell
...company and was dismissed because the judgment of the supreme court of the state was not final. Cincinnati Street R. Co. v. Snell, 179 U. S. 395, 45 L. ed. 248, 21 Sup. Ct. Rep. 205. The cause thereupon proceeded in the state court and was transferred from Hamilton county to the common plea......
-
Farshchian v. Glenridge Machine Co., 2009 Ohio 1602 (Ohio App. 4/2/2009)
...App.2d 239, 436 N.E.2d 538; Snell v. Cincinnati Street Ry. Co. (1899), 60 Ohio St. 256, 54 N.E. 270, appeal dismissed, (1900), 179 U.S. 395, 45 L.Ed. 248, 21 S.Ct. 205. {¶ 18} Finding no other basis to determine that the trial court's order was final, we conclude that we lack jurisdiction t......