Pettibone v. McKinnon
| Citation | 125 Ohio St. 605,183 N.E. 786 |
| Decision Date | 07 December 1932 |
| Docket Number | No. 23556.,23556. |
| Parties | PETTIBONE v. McKINNON. |
| Court | United States State Supreme Court of Ohio |
125 Ohio St. 605
183 N.E. 786
PETTIBONE
v.
McKINNON.
No. 23556.
Supreme Court of Ohio.
Dec. 7, 1932.
Error to Court of Appeals, Pickaway County.
Action by Osmer Pettibone against John J. McKinnon. Judgment for plaintiff was reversed by the Court of Appeals (-- N. E. --) and plaintiff brings error, and the Court of Appeals certifies the case for review.-[By Editorial Staff.]
Judgment of the Court of Appeals affirmed.
[Ohio St. 605]1. When the Court of Appeals certifies its record to this court for review, on the ground that the decision which the appellate court has reached on one of the grounds of reversal is in conflict with the decision of another Court of Appeals upon the same question, such action of the Court of Appeals brings [Ohio St. 606]the entire case to this court for review, and this court is not limited to a consideration of the single error with respect to which the Court of Appeals has certified the case here for review.
2. When the Court of Appeals, in addition to certifying a case as in conflict, renders a judgment affirming or reversing the judgment of the trial court, this court will affirm or reverse the judgment of the Court of Appeals as the law of the case may require.
C. A. & L. B. Weldon, and Barton Walters, all of Circleville, for plaintiff in error.
Charles H. May, of Circleville, and Williams, Williams, Klapp & Reynolds, of Columbus, for defendant in error.
KINKADE, J.
This case is in this court by reason of a certificate of conflict embraced in the journal entry of the Court of Appeals of the Fourth Appellate District.
The action in the court of common pleas was brought by Pettibone against McKinnon for the recovery of damages sustained by Pettibone while walking upon a public highway in the open country and in the night season, by reason of the negligence of McKinnon in driving his automobile over Pettibone. The injuries occasioned by the collision were very important. The action resulted in a judgment in favor of Pettibone. The Court of Appeals reversed the judgment on three errors of the trial judge in his instructions to the jury. With reference to the first ground of error set forth in the entry of reversal, the Court of Appeals found that the judgment upon which it had agreed was in conflict with a judgment theretofore entered by the Court of Appeals of the First Appellate[Ohio St. 607]District, and thereupon certified the case to this court for review.
The defendant in error here contends that, as the Court...
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... ... 2473.01 et seq.)?", certification of the record because of a conflict brings in the entire case (Pettibone v. McKinnon (1932), 125 Ohio St. 605, 183 N.E. 786), and this court may if it chooses to, rule on the validity of the judicial doctrine of municipal ... ...
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Keesecker v. G.M. McKelvey Co., 29052.
...all questions presented by the record ( Chicago Ornamental Iron Co. v. Rook, Adm'r, 93 Ohio St. 152, 112 N.E. 589;Pettibone v. McKinnon, 125 Ohio St. 605, 183 N.E. 786), only the particular order of judgment appealed from may properly be reviewed. Goode v. Wiggins, 12 Ohio St. 341, 343; 2 O......
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