Case law

Patten v. Aluminum Castings Co.

105 Ohio St. (N.S.) 1 · Ohio Supreme Court · Jun 14, 1921

Clearly the sovereign people hereby intended to put human conservation at the very foundation of its governmental policy. … Clearly, ordinary care is more indefinite and more uncertain than the highest practicable care.

Disciplinary Counsel v. Dann

134 Ohio St. 3d 68 · Ohio Supreme Court · Nov 20, 2012

Dann had agreed to represent a client who sought to modify a qualified domestic relations order (“QDRO”) to permit him to make a lump-sum payment to his former wife in lieu of monthly withholdings from his pension benefits … While we find that the services Dann provides to homeowners facing foreclosure are admirable and have some mitigating value, we have also recognized that “service to indigent clients, while mitigating, does not immunize a

State v. Hearn

115 Ohio St. 340 · Ohio Supreme Court · Nov 16, 1926

Indorsements may be in blank, conditional, qualified, or restrictive. … established.

State v. Orr

91 Ohio St. 3d 389 · Ohio Supreme Court · May 2, 2001

Clearly, these checkpoints constituted a very limited intrusion into travelers’ privacy and sense of security. {¶ 12} Weighing against this minimal intrusion on privacy is the state’s vital interest in using driver … The introduction to the guidelines states that, in 1998, when the city of Dayton established its checkpoint program, approximately thirty percent of the traffic citations issued by the Dayton Police Department were for driver

State v. Townley

67 Ohio St. (N.S.) 21 · Ohio Supreme Court · Oct 14, 1902

It is clearly established by the testimony shown in the record in this case that the oath usually administered to- witnesses was administered to the person charged with perjury in this indictment; that tire oath was administered … The facts remain, however, that he had been legally appointed and qualified as deputy during the first term of his principal, ánd had performed the duties of a deputy clerk during such term and continued to do so, under a

Viers v. Dunlap

1 Ohio St. 3d 173 · Ohio Supreme Court · Aug 11, 1982

In Denicola , we held that a statute establishing competency requirements for an expert medical witness may be applied to all causes of action tried after the statute’s effective date. … The subject statute in Denicola was clearly procedural in nature. Laws regulating the qualifications of witnesses affect only the means of effectuating a remedy.

State v. Riley

177 Ohio St. 3d 528 · Ohio Supreme Court · Dec 9, 2024

A “definitive DNA test” “clearly establishes that biological material from the perpetrator of the crime was recovered from the crime scene and also clearly establishes whether or not the biological material is that of the … The trial court’s findings of fact and conclusions of law did “not qualify as ‘in aid of the appeal’ inasmuch as they [did] not address ‘collateral issues like 10

State v. West

168 Ohio St. 3d 605 · Ohio Supreme Court · May 11, 2022

To qualify for plain-error relief, the defendant must establish that (1) an error (i.e., a deviation from a legal rule) occurred, (2) the error was plain (i.e., obvious), and (3) the error affected the defendant’s substantial … . {¶ 82} In my view, this case qualifies for recognition of plain error for two reasons.

State ex rel. Ives v. Choate

11 Ohio St. 511 · Ohio Supreme Court · Dec 15, 1842

He has received a regular commission as an associate judge of Huron county, and has been duly qualified, which is ample evidence of his right to claim and exercise the duties of that office, unless there is something in the … If the facts were clearly such as the position assumes there would be, doubtless, greater difficulty in the case than wo now have to encounter.

Boley v. Goodyear Tire & Rubber Co.

125 Ohio St. 3d 510 · Ohio Supreme Court · Jun 10, 2010

In fact, R.C. 2307.92(D)(2) clearly contemplates take-home asbestos-exposure claims against defendants other than the premises owners: 9  SUPREME … At the very least, Boley should have a chance to establish the claim she is making instead of the unprovable claim that the majority insists, or pretends, she is making.

Painter v. Graley

1994 Ohio 334 · Ohio Supreme Court · Sep 27, 1994

The appellate court found that Painter had not established a violation of her rights under the Ohio Constitution nor had she established a right to recover damages pursuant to Greeley v. … Although we have never defined candidacy as a fundamental right, we have clearly recognized that restrictions on candidacy impinge on First Amendment rights of candidates and voters.

In Re Estate of Stafford

146 Ohio St. 253 · Ohio Supreme Court · Feb 13, 1946

Stafford was filed in time if it be established that there was fraud or collusion or that rights of persons under disability were prejudiced. … The trust provided for in the Stafford will was never established. The record shows there was nothing left in the estate to turn over to the named trustees who never qualified as such.

Ex parte Schoepf

74 Ohio St. (N.S.) 1 · Ohio Supreme Court · Mar 6, 1906

It is true that in the Rauh case the qualifying clause, “unless the interrogatory involves a question of privilege,” was thrown in. … These questions are clearly answered by sections 5289 to 5298 inclusive, of the Revised Statutes.

Van Derveer v. Sutphin

5 Ohio St. 293 · Ohio Supreme Court · Dec 15, 1855

The party who institutes an action for slander or libel, always informs himself of the means of the defendant to establish the truth of the charge. … Rep., which was reported before the opinion in this case had been published, was not designed to change or qualify the rule laid down in this case ; and also that the syllabus in this case distinctly announcing the principle

Ohio Collieries Co. v. Cocke

107 Ohio St. (N.S.) 238 · Ohio Supreme Court · Mar 13, 1923

Now, the trial court gave this rule in his charge until he came to the qualifying language, “unless such cost of restoration exceeds the difference in the markelt value of the property before and after the injury, in which … In Ohio the right to damages for injuries to surface, in cases of this character, has been established in the case of Burgner v.

State v. Sumlin

69 Ohio St. 3d 105 · Ohio Supreme Court · Apr 27, 1994

The corroboration must "clearly indicate" that the statement is "trustworthy." … Moreover, because the reliability of the statements was not established, the failure to admit them into evidence did not violate appellee's constitutional right to a fair trial.

City of Columbus v. County of Franklin

167 Ohio St. (N.S.) 256 · Ohio Supreme Court · Jan 29, 1958

. * * * and no special privileges or immunities shall ever be granted, that *259 may not be altered, revoked, or repealed by the General Assembly.” … Clearly, a city may acquire real estate for off-street parking purposes under the authority of that section, and in such ease it would be controlled by the provision that such real estate shall not be tax exempt.

Griffin v. City of Cincinnati

162 Ohio St. (N.S.) 232 · Ohio Supreme Court · Nov 24, 1954

Where a defect is clearly discernible from a reasonable distance, the failure to see and avoid it constitutes contributory negligence. In Highway Construction Co. v. Sorna, 122 Ohio St., 258 , 171 N. … The mere fact that a pedestrian who is not negligent falls as a result of a defect in a sidewalk is not sufficient to establish liability of a municipal corporation.

State ex rel. Walmart, Inc. v. Hixson

170 Ohio St. 3d 338 · Ohio Supreme Court · Nov 30, 2022

To qualify for temporary-total-disability compensation, the injured worker is required to show that “a cause-and-effect relationship exists between the industrial injury and an actual loss of earnings. … Regarding the first factor, Klein did not establish a new principle of law that was not foreshadowed in prior decisions.

Disciplinary Counsel v. Cicero

134 Ohio St. 3d 311 · Ohio Supreme Court · Nov 28, 2012

Furthermore, Cicero’s e-mails to Tressel clearly indicate that Cicero believed that Rife was a prospective client. {¶ 11} Because relator has established that Rife was a prospective client of Cicero, we must next consider … caused Rife and his family to be subjected to criticism and harassment by the news media and others for causing harm to the Ohio State football program. {¶ 18} Cicero argues that only his prior disciplinary record should qualify