Case law

State v. Heins

72 Ohio St. 3d 504 · Ohio Supreme Court · Jul 19, 1995

An airplane, appellants argue, does' not qualify as a motor vehicle under the rule. Therefore, Watkins was incompetent to testify in this case. … R.C. 4561.01 provides: “As used in sections 4561.01 to 4561.16, inclusive, of the Revised Code, “(A) ‘Aviation’ means transportation by aircraft; operation of aircraft; the establishment, operation, maintenance, repair, and

Beers v. Wills

172 Ohio St. (N.S.) 569 · Ohio Supreme Court · Jan 3, 1962

The law on this point seems to have been clearly established by the pronouncements of this court beginning with Times Square Garage Co. v. Spencer, 121 Ohio St., 77 , 166 N. E., 901 . … It is clearly set forth in Morris v. Bloomgren, supra, and was reaffirmed in Eisenhuth v. Moneyhon, 161 Ohio St., 367 , 119 N.

State Ex Rel. Miller v. Warren County Board of Elections

130 Ohio St. 3d 24 · Ohio Supreme Court · Sep 15, 2011

Even if the protest procedure in R.C. 3513.263 and 3501.39(A)(1) were deemed inapplicable to candidates for Mason City Council, because of the abbreviated period in which to submit a protest, a qualified municipal elector … Bringing the issue before the board establishes a record from which the court, in a later action for an extraordinary writ, may judge whether the board was affected by fraud or corruption, abused its discretion, or clearly

State Ex Rel. Tremmel v. Erie County Board of Elections

123 Ohio St. 3d 452 · Ohio Supreme Court · Nov 2, 2009

The dispositive issue here is whether the board of elections abused its discretion or clearly disregarded applicable law by rejecting Tremmel’s application to register to vote in Kelleys Island, Erie County. {¶ … At the hearing before the board of elections, Tremmel admitted that there were no changed circumstances since the board last determined that he was not a resident of Kelleys Island, Erie County, and was thus not qualified

N.A.T. Transp., Inc. v. McClain (Slip Opinion)

165 Ohio St. 3d 250 · Ohio Supreme Court · Apr 22, 2021

Both the tax commissioner and the BTA determined that the purchases did not qualify for the exemption, because the use of the trucks to transport waste material to landfills did not qualify as the transportation of “personal … Like any other taxpayer claiming an exemption, N.A.T. must show that the statute it relies on clearly expresses the exemption in relation to the facts of its 6

Bowman v. National Graphics Corp.

55 Ohio St. 2d 222 · Ohio Supreme Court · Jul 26, 1978

No. 48, 103 Ohio Laws 72, 79, which provided that employees qualifying under the plan who were “injured” were entitled to share in the Fund, and provided further that dependents of qualified employees who were hilled “in … Clearly, the Court of Appeals had compelling authority in support of its judgment.

Horvath v. Ish

134 Ohio St. 3d 48 · Ohio Supreme Court · Nov 20, 2012

R.C. 4169.09 addresses the liability of ski-area operators and ski-area visitors for failing to comply with the responsibilities enumerated in R.C. 4169.08(C). {¶ 13} And finally, R.C. 4169.10 immunizes ski-area operators … Cleveland Browns Football Co., 74 Ohio St.3d 427, 431-432 , 659 N.E.2d 1232 (1996). {¶ 19} Clearly, skiing is a sport or recreational activity.

State ex rel. Cook v. Bowling Green City Schools Bd. of Edn. (Slip Opinion)

160 Ohio St. 3d 371 · Ohio Supreme Court · Jun 8, 2020

Cook does not allege fraud or corruption, so the question is whether the respondents have abused their discretion or clearly disregarded applicable law. … Nevertheless, the evidence establishes that the school board could have completed both required certifications in the time available in this case but for its attempt to 3.

Schultz v. Insurance Co.

40 Ohio St. (N.S.) 217 · Ohio Supreme Court · Jan 15, 1883

Strictly'- taken, the proviso is susceptible of a reading that makes the qualifying words meaningless. … The exception is as well established as the rule, and goes to the extent of holding- that the act is within the proviso if the insured had mind enough to intend the act and knew it would kill him, although he was unable to

Welsh-Huggins v. Jefferson Cty. Prosecutor's Office (Slip Opinion)

163 Ohio St. 3d 337 · Ohio Supreme Court · Nov 24, 2020

establishing the applicability of the exemption. … Greene, ___ Ohio St.3d ___, 2020- Ohio-4268, ___ N.E.3d ___, ¶ 9, we held that a prison’s most recent shift- assignment duty rosters qualified as security records.

Germania Insurance v. Sherlock

25 Ohio St. (N.S.) 33 · Ohio Supreme Court · Dec 15, 1874

.; but the contract of the parties, as evidenced by the terms therein written, which must control in its construction, clearly shows that the only risk assumed by the underwriter was loss by fire; and that the perils of rivers … The qualifying word “ only,” was not intended to limit the liability of the insurer to losses by a fire caused by any particular agency, or to exclude such liability where the fire was caused by a particular agency, but simply

Vahila v. Hall

77 Ohio St. 3d 421 · Ohio Supreme Court · Feb 12, 1997

victims of legal malpractice: “A standard of proof that requires a plaintiff to prove to a virtual certainty that, but for the defendant’s negligence, the plaintiff would have prevailed in the underlying action, in effect immunizes … However, the court of appeals clearly misstated the law in this area. As explained in Mitsejf (and more recently in Dresher), bare allegations by the moving party are simply not enough.

Village of Willard v. McElligott

121 Ohio St. 456 · Ohio Supreme Court · Dec 18, 1929

The plaintiff concedes that the village holds title to the property between the outside boundary lines of the streets, but insists that this is a qualified and conditional ownership embracing many definite limitations. … A presumption attends the action of the village that it was taken in good faith and for a proper purpose, and the burden was on the plaintiff to establish that the village acted without legal right.

Griffith v. Aultman Hosp. (Slip Opinion)

146 Ohio St. 3d 196 · Ohio Supreme Court · Mar 23, 2016

“[T]he intent of the lawmakers is to be sought first of all in the language employed, and if the words be free from ambiguity and doubt, and express plainly, clearly, and distinctly the sense of the lawmaking body, there … In establishing a patient’s right of access to medical records, however, the General Assembly has not imposed upon the patient or the patient’s representative any burden of demonstrating a reason for accessing the medical

State ex rel. Committee for Proposed Ordinance to Repeal Ordinance No. 146-02 v. City of Lakewood

100 Ohio St. 3d 252 · Ohio Supreme Court · Oct 29, 2003

Butler, for respondents. {¶ 29} Therefore, the city council neither abused its discretion nor clearly disregarded applicable law in placing the initiative on the March 2, 2004 primary election ballot. … Conclusion {¶ 32} Based on the foregoing, relators have failed to establish their entitlement to the requested writ. Accordingly, we deny the writ of mandamus. Writ denied.

Crawford v. Board of Education

6 Ohio St. 3d 324 · Ohio Supreme Court · Aug 31, 1983

This mandate is clearly set forth in R.C. 3319.07, which reads as follows: “The board of education of each city, exempted village, and local school district shall employ the teachers of the public schools of their respective … “No doctrine is better established than that the acts of an officer, within the scope of his powers and authority, are presumed to be rightly and legally performed until the contrary appears.” Steubenville v.

Pittsburgh, Fort Wayne & Chicago Railway Co. v. Martin

53 Ohio St. (N.S.) 386 · Ohio Supreme Court · Oct 29, 1895

The act in question clearly confers corporate power. In Walker v. … Martin, then county treasurer, and before the case came into the circuit court or this court, his term of office had expired, and his successor had been elected and qualified, and had been inducted into office.

Totten v. Estate of Miller

139 Ohio St. 29 · Ohio Supreme Court · Nov 26, 1941

. * * * there is * * * a want of pleading denying the allegations of defendants’ answers, and a failure of proof as well to establish the fact alleged that the action was brought within four years after discovery of the fraud … This witness clearly comes within Section 11495, adverse party shall not testify where opposing party defends as executor, administrator, etc.” Mr. dayman, of counsel for plaintiff: “There are two defendants here.

Board of Education v. Fulton County Budget Commission

41 Ohio St. 2d 147 · Ohio Supreme Court · Mar 5, 1975

This court can only give qualified approval to that argument. The last sentence of R. … C. 5713.11(B) just as clearly and unambiguously dictates school levy reductions if the increases in valuation flow from an order of the Board of Tax Appeals.

Struthers City Schools Board of Education v. Struthers Education Ass'n

6 Ohio St. 3d 308 · Ohio Supreme Court · Aug 31, 1983

The provisions of the agreement here are clearly an attempt to extend the protection of the tenure laws to individuals who have not taken the steps necessary to qualify themselves for tenured status under R.C. 3319.11. … Extensive procedures for hearings and establishing the course for nonrenewal may not lawfully be written into collective bargaining agreements between teachers associations and school boards in Ohio.