Category: Ohio Supreme Court Opinions

80 N.E.2d 150 CITY OF CINCINNATI, APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 31302Supreme Court of Ohio. Decided June 9, 1948. Public Utilities Commission — Interim rates may be established and enforced — Section 614-32, General Code — Appeal by utility from municipal rate-fixing ordinance, pending before commission — No existing contract between […]

124 N.E.2d 156 LEONARD, APPELLEE v. THE NEW YORK, CHICAGO ST. LOUIS RD. CO., APPELLANT. No. 34278Supreme Court of Ohio. Decided February 2, 1955. Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Action arising under Federal Employers’ Liability Act — Verdict — Concurrences necessary — Section 5, Article I, Constitution […]

7 N.E.2d 557 CECH, APPELLANT v. SCHULTZ, APPELLEE. No. 26283Supreme Court of Ohio. Decided March 31, 1937. Taxation — Forfeited land sales — Claimant of title not deprived of property without due process, when — State may enact retrospective laws for collecting taxes — Purchaser at land forfeiture sale acquires prima facie and absolute title, […]

131 N.E.2d 395 IN RE APPROPRIATION OF EASEMENTS FOR HIGHWAY AND SLOPE PURPOSES. No. 34607Supreme Court of Ohio. Decided December 21, 1955. Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of property for highway purposes — Improvement of existing two-lane undivided highway — Into four-lane divided highway — Abutting gasoline service […]

140 N.E.2d 313 YOUNGSTOWN SHEET TUBE CO., APPELLANT v. BOWERS, TAX COMMR., APPELLEE. YOUNGSTOWN SHEET TUBE CO., APPELLEE v. BOWERS, TAX COMMR., APPELLANT. Nos. 34868 and 34872Supreme Court of Ohio. Decided January 30, 1957 Taxation — Imported fungible commodity — Protection from state tax not extended, when — Iron ore — Personal property defined — […]

105 N.E.2d 49 SENN, ADMX., APPELLANT v. LACKNER, D.B.A. LACKNER CHEVROLET CO., APPELLEE. No. 32708Supreme Court of Ohio. Decided March 19, 1952. Master and servant — Respondeat superior — Test of principal’s liability — Agent acting within scope of employment — Principal’s right to control agent’s conduct — Burden of proof to establish — Test […]

77 N.E.2d 714 PIPER ET AL., PARTNERS, D. B. A. ASHLEY FROZEN FOOD LOCKER CO., APPELLANTS v. GLANDER, TAX COMMR., APPELLEE. FRUTH LOCKER SYSTEM, APPELLANT v. GLANDER, TAX COMMR., APPELLEE. Nos. 31206 and 31207Supreme Court of Ohio. Decided February 25, 1948. Taxation — Sales or use tax assessable — Use or consumption not directly in […]

391 N.E.2d 317 THE STATE OF OHIO, APPELLANT, v. ROBINSON, APPELLEE. No. 78-1206Supreme Court of Ohio. Decided June 27, 1979. Criminal law — Seach and seizure — Inventory search of lawfully impounded vehicle — Constitutionality. A standard inventory search of the trunk of a lawfully impounded automobile does not contravene the Fourth Amendment to the […]

753 N.E.2d 172 Office of Disciplinary Counsel et al. v. Carson. No. 01-384.Supreme Court of Ohio.Submitted May 16, 2001. Decided August 15, 2001. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 00-48. PER CURIAM. On June 18, 1993, we suspended respondent, Edward Luke Carson of Girard, […]

534 N.E.2d 1201Supreme Court of Ohio. 1989. MISCELLANEOUS DISMISSIALS Wednesday, January 18, 1989 88-1834. In re Estate of McKay. Portgage County, No. 1876. Cause dismissed on application of appellant, effective January 13, 1989. Page 707

775 N.E.2d 530Supreme Court of Ohio. 2002. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions September 18, 20021985-0712. State v. Buell. Cuyahoga App. No. 48621. Upon consideration of appellant’s motion for stay of execution, IT IS ORDERED by the court that the motion for stay be, and hereby is, denied. Page 1507

154 N.E.2d 144 SMACK SNACK, INC., APPELLEE v. CITY OF MAYFIELD HEIGHTS ET AL., APPELLANTS. No. 35688Supreme Court of Ohio. Decided October 29, 1958. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Taxation — Ordinance levying admissions tax — Nonapplicability to “golf driving range” — Claim charge made for rental […]

652 N.E.2d 974 OFFICE OF DISCIPLINARY COUNSEL v. JAMES. No. 95-768Supreme Court of Ohio.Submitted May 23, 1995 — Decided August 23, 1995. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 94-39. On April 18, 1994, relator, Office of Disciplinary Counsel, charged respondent, Frank Mortimer James, last […]

705 N.E.2d 363 State ex rel. James v. Ohio Adult Parole Auth. No. 98-2712.Supreme Court of Ohio. February 3, 1999. In Habeas Corpus. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

626 N.E.2d 950 THE STATE EX REL. FOWLER, APPELLANT, v. SMITH, JUDGE, ET AL., APPELLEES. No. 92-2611Supreme Court of Ohio.Submitted December 7, 1993 — Decided February 23, 1994. APPEAL from the Court of Appeals for Cuyahoga County, No. 63728. On May 18, 1992, appellant filed a complaint seeking writs of prohibition and mandamus in the […]

49 N.E.2d 56 HARLESS, APPELLEE v. COMSTOCK, D. B. A. COMSTOCK CHEVROLET CO., APPELLANT. No. 29450Supreme Court of Ohio. Decided March 10, 1943. Supreme Court — Dismissal — No debatable constitutional question involved — Right to have justice administered without denial — Consideration and application of principles of law to facts — Section 16, Article […]

708 N.E.2d 210 State v. Green. No. 98-913.Supreme Court of Ohio. Decided April 7, 1999. On Appeal from Lucas C.P. No. 971450. The February 2, 1999 motion to supplement record with transcripts of pretrial hearings conducted on July 17, August 5, and August 12, 1997 is granted. The February 2, 1999 motion to supplement record […]

419 N.E.2d 2 IN RE ESTATE OF MORGAN. No. 80-786Supreme Court of Ohio. Decided March 31, 1981. Taxation — Estate tax — Deductions from gross estate — Interest on unpaid estate tax. Interest charged on unpaid Ohio estate tax is deductible from the value of decedent’s gross estate as an administration expense under R.C. 5731.16(A)(2). […]

709 N.E.2d 173 Rumberg v. Rumberg No. 99-213.Supreme Court of Ohio. April 28, 1999 Mahoning App. No. 96CA156 99-215. In re Adoption of Jane Doe Summit App. No. 19017. On discretionary appeal, motion to seal, and motion for admission pro hac vice. Appeal and motions denied. MOYER, C.J., DOUGLAS and PFEIFER, JJ., dissent.

584 N.E.2d 1200 THE STATE OF OHIO, APPELLANT, v. GILL, APPELLEE. No. 91-203Supreme Court of Ohio.Submitted December 10, 1991 — Decided February 19, 1992. Page 54 CERTIFIED by the Court of Appeals for Summit County, No. 14668. On May 9, 1990, appellee, Shinder K. Gill, was indicted for trafficking in food stamps, a violation of […]

575 N.E.2d 464 STARK COUNTY BAR ASSOCIATION v. RUSSELL. No. 89-1872Supreme Court of Ohio. Submitted and decided July 25, 1991. ON APPLICATION FOR REINSTATEMENT. This cause came on for further consideration upon respondent Ronald L. Russell’s filing of an application for reinstatement. The court coming now to consider its order of July 3, 1990, suspending […]

199 N.E.2d 392 ROMANELLO ET AL., APPELLANTS v. RUNCK, APPELLEE. No. 38645Supreme Court of Ohio. Decided June 3, 1964. APPEAL from the Court of Appeals for Hamilton County. The appeal as of right herein is dismissed for the reason that no substantial constitutional question is involved. ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH and GIBSON, JJ., concur. Page […]

741 N.E.2d 146Supreme Court of Ohio. 2001. RECONSIDERATION DOCKET Announcement Thursday January 25, 200100-1947. State v. Feathers. Summit App. No. 19837. Reported at 90 Ohio St.3d 1483, 738 N.E.2d 1255. IT IS ORDERED by the court that the motion for reconsideration in this case be, and hereby is, denied.

601 N.E.2d 496 MARKER, APPELLEE, v. GRIMM, APPELLANT. No. 91-1672Supreme Court of Ohio.Submitted September 22, 1992 — Decided November 25, 1992. APPEAL from the Court of Appeals for Jefferson County, No. 90-J-29. Appellant, David E. Grimm, and appellee, Teresa A. Marker, formerly Teresa A. Grimm, were married in 1977. In July 1983, appellant and appellee […]

720 N.E.2d 920Supreme Court of Ohio. 1999. MISCELLANEOUS DOCKET The Supreme Court of Ohio has issued orders imposing sanctions upon one hundred sixty six attorneys for noncompliance with the requirements of Gov.Bar R. X, Attorney Continuing Legal Education. The text of the entry imposing the sanction is reproduced below. This is followed by a list […]

709 N.E.2d 1166 THE STATE OF OHIO, APPELLEE, v. CHINN, APPELLANT. Case No. 97-2020.Supreme Court of Ohio.Submitted February 23, 1999. Decided June 2, 1999. Appeal from the Court of Appeals for Montgomery County, No. 16206. On the evening of January 30, 1989, Davel “Tony” Chinn, appellant, completed a midterm examination at Cambridge Technical Institute in […]

711 N.E.2d 1014 State v. Miller. No. 99-740.Supreme Court of Ohio. June 30, 1999. APPEAL from Ashtabula App. No. 98-A-0024.

508 N.E.2d 958 HOFFMAN ET AL., APPELLANTS, v. DAVIDSON, APPELLEE. No. 85-1762Supreme Court of Ohio. Decided June 10, 1987. Civil procedure — Summary judgment — Civ. R. 56 — Effect of unopposed motion and affidavit — Medical malpractice — Cause of action accrues when physical injury is or should have been discovered. CERTIFIED by the […]

119 N.E.2d 618 THE STATE OF OHIO, APPELLEE v. MILLER, APPELLANT. No. 33807Supreme Court of Ohio. Decided March 31, 1954. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Forgery — Accused charged by affidavit and arraigned in Municipal Court — Preliminary hearing and stenographic record demanded — […]

42 N.E.2d 902 THE STATE, EX REL. LATTA, CHIEF OF POLICE v. WHITE ET AL., INDUSTRIAL COMMISSION OF OHIO. No. 29139Supreme Court of Ohio. Decided July 1, 1942. Workmen’s compensation — Village marshal or chief of police — Salary certified to Industrial Commission — Section 1465-65, General Code — Commission refused to charge sum and […]

370 N.E.2d 738 POKORNY ET AL., APPELLEES, v. TILBY DEVELOPMENT COMPANY, APPELLANT, ET AL. No. 77-123Supreme Court of Ohio. Decided December 21, 1977. Appropriation of property — Award of compensation — Appeal therefrom improperly dismissed, when — Civ. R. 54(B) — Applicability. APPEAL from the Court of Appeals for Cuyahoga County. On August 28, 1973, […]

216 N.E.2d 54 BERGER ET AL., APPELLEES v. THE VAN SWERINGEN CO. ET AL., APPELLANTS. No. 39180Supreme Court of Ohio. Decided April 20, 1966. Real property — Conveyances — Restrictive covenants to effect general building plan — Action to enforce — Parties. Where it is shown by competent evidence that restrictive covenants sought to be […]

666 N.E.2d 561 THE STATE EX REL. DAVIS, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 94-1494Supreme Court of Ohio.Submitted May 7, 1996 — Decided July 17, 1996. APPEAL from the Court of Appeals for Franklin County, No. 93APD06-914. Appellant-claimant, Earl Davis, was injured in the course of and arising from his employment […]

708 N.E.2d 1012 State v. Varner. No. 99-467.Supreme Court of Ohio. April 21, 1999 Appeal from the Franklin App. No. 98AP-1218. On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., PFEIFER and COOK, JJ., dissent. Page 1459

30 N.E.2d 337 GRAULTY, APPELLEE v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 28105Supreme Court of Ohio. Decided November 20, 1940. Workmen’s compensation — Appeal — Finding for defendant not erroneous — No evidence or reasonable inference of injury in course of employment. In a workmen’s compensation case, tried on appeal before a court without the […]

25 N.E.2d 680 X-CEL DAIRY, INC., APPELLANT v. CITY OF AKRON, APPELLEE. No. 27851Supreme Court of Ohio. Decided February 7, 1940. Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Ordinance prohibiting sale of ice cream from vehicles on street — Section 19, Article I, and Section 3, Article XVIII, […]

709 N.E.2d 140 THE STATE OF OHIO, APPELLEE v. WHITE, APPELLANT. No. 96-2853.Supreme Court of Ohio.Submitted September 28, 1998 — Decided May 12, 1999. Appeal from the Court of Common Pleas of Summit County, No. CR-96-01-0059. Appellant, Clifton “Sonny” White III, was convicted of the aggravated murder of Deborah Thorpe with death specifications. Defendant was […]

704 N.E.2d 580 Pingue v. Franklin Cty. Bd. of Revision. No. 98-1494.Supreme Court of Ohio. January 20, 1999. Appeal from the Board of Tax Appeals, No. 96-P-263. On motion for oral argument. Motion denied. PFEIFER and LUNDBERG STRATTON, JJ., dissent.