Case law

State Farm Mutual Insurance v. Blevins

49 Ohio St. 3d 165 · Ohio Supreme Court · Mar 7, 1990

Such an approach flies in the face of the well-established rule of construction to be employed in insurance con *170 tract cases, viz., that “[l]anguage in a contract of insurance reasonably susceptible of more than one meaning … Since the subject provision is not limited or qualified so as to clearly prohibit an award of punitive damages, it is logical and reasonable to assume that punitive damages could be proper in an appropriate case as a consequence

State ex rel. Shinnich v. Green

37 Ohio St. (N.S.) 227 · Ohio Supreme Court · Jan 15, 1881

The only manner in which they can effectually prevent his election is by voting lor some other qualified person.” … It is claimed by counsel for defendant that it is the well-established rule of parliamentary practice that the mayor could not go beyond the roll-call, which shows only nine present, to determine that there was a quorum.

State ex rel. Warner v. Baer

103 Ohio St. (N.S.) 585 · Ohio Supreme Court · Dec 13, 1921

The article in unqualified terms establishes the tribunal.” The case of Low v. United States, 94 C. C. … This was clearly a case where Ryan was tried and convicted by a jury which did not consist of twelve qualified jurors, and yet the circuit court upon a review of the case held that this did not afford ground for a new trial

Eisenhuth v. Moneyhon

161 Ohio St. (N.S.) 367 · Ohio Supreme Court · May 5, 1954

Where the standard of duty is thus fixed and absolute, it being the same under all circumstances, the failure to observe that requirement is clearly negligence per se. … Clearly, these qualifying requirements are not definite specific requirements and do not depend upon the sole conduct or responsibility of the operator of the vehicle.

State ex rel. Ebersole v. Powell (Slip Opinion)

2014 Ohio 4283 · Ohio Supreme Court · Sep 29, 2014

In brief, the city council approved Ordinance No. 2014-10, establishing a development plan for property in downtown Powell, on June 17, 2014. … . {¶ 4} On August 19, 2014, the city council found that the charter- amendment petition had a sufficient number of valid signatures to qualify for the ballot.

Sebastian v. Covington & Cincinnati Bridge Co.

21 Ohio St. (N.S.) 451 · Ohio Supreme Court · Dec 15, 1871

The issue sought to be established by it was not involved. II. On the authority of The State Bank of Ohio v. Knoop (16 Howard (U. … Such is clearly the origin, import and effect of the seventh clause of the defendant’s charter.

State v. Osborne

49 Ohio St. 2d 135 · Ohio Supreme Court · Dec 30, 1976

No prejudicial error was shown to result, from, seating the alternate- jurors other than in the specific order in which they were called: All such..alter nates were-:, qualified to be jurors. … Such reasoning is clearly erroneous.

State ex rel. Ebersole v. Powell (Slip Opinion)

141 Ohio St. 3d 17 · Ohio Supreme Court · Sep 29, 2014

In brief, the city council approved Ordinance No. 2014-10, establishing a development plan for property in downtown Powell, on June 17, 2014. … . {¶ 4} On August 19, 2014, the city council found that the charter- amendment petition had a sufficient number of valid signatures to qualify for the ballot.

Harrison v. Hoyle

24 Ohio St. (N.S.) 254 · Ohio Supreme Court · Dec 15, 1873

The reason for annexing thereto in this grant the qualifying words “ of the Society of Friends,” does not clearly appear. … The foregoing very clearly shows that Dr.

Commissioners v. Board of Public Works

39 Ohio St. (N.S.) 628 · Ohio Supreme Court · Jan 15, 1884

These acts seem clearly to leave its location entirely with the commissioners. … The respondent says, however, that section 4937 of the Revised Statutes so far qualifies the provisions of the special bridge acts as to make its consent in writing “ for the model and location” of the bridge prerequisite

State ex rel. Clark v. Indus. Comm.

92 Ohio St. 3d 455 · Ohio Supreme Court · Aug 15, 2001

Thus, this benefit is designed to address a risk that is occupational, i.e., one that is clearly connected to the nature of the work. … We also noted that the immunity provisions of R.C. 4123.74 did not bar the plaintiff’s suit because her sexual harassment claims fell outside the purview of the workers’ compensation system.

HK New Plan Exchange Property Owner II, L.L.C. v. Hamilton County Board of Revision

122 Ohio St. 3d 438 · Ohio Supreme Court · Jul 28, 2009

. {¶ 6} In its BTA brief, HK New Plan argued that the conveyance-fee statement and deed constituted a prima facie case establishing an arm’s-length sale price as the value of the property and contended that the school … While the BTA could reasonably have inferred the existence of a bulk sale from counsel’s statement at the BOR, the words do not clearly and unequivocally state that a bulk sale occurred.

New 52 Project, Inc. v. Proctor, Ohio Department of Transportation

122 Ohio St. 3d 1 · Ohio Supreme Court · Apr 21, 2009

If one cannot adversely possess public property, then clearly an action for common- law abandonment of an easement due to nonuse of a public highway cannot be permitted. {¶ 13} Not only will adverse possession … Park was effectively overruled, however, when the General Assembly subsequently waived the state’s immunity with regard to actions to quiet title under R.C. 5303.01. Am.S.B.

State ex rel. the Andersons v. Masheter

1 Ohio St. 2d 11 · Ohio Supreme Court · Dec 29, 1964

Plaintiff made use of the navigation of the river in connection with his established business. … The HicJcoJc decision clearly describes those property owners who have a property right: Only property owners with prior established uses of the land who use the land in connection with the navigability of the river.

State ex rel. Hill v. LaRose

2026 Ohio 1601 · Ohio Supreme Court · May 4, 2026

Until recently, Hill was qualified as a candidate for governor at the upcoming May 5, 2026 primary election. Originally, Hill’s running mate for lieutenant governor was Moats. … As to the first two elements, the relevant question is whether LaRose has clearly disregarded applicable law. Id. at ¶ 23. a.

State ex rel. Ohio Academy of Trial Lawyers v. Sheward

86 Ohio St. 3d 451 · Ohio Supreme Court · Aug 16, 1999

immunity for athletic coaches, actions by a roller skater with supporting affidavits in a medical claim and so on. … The court noted, “Established order and the respect due to properly constituted inferior courts require that it should never issue unless it clearly appears that the inferior court is about to exceed its jurisdiction.

State ex rel. Barborak v. Hunston

173 Ohio St. (N.S.) 295 · Ohio Supreme Court · Apr 18, 1962

An examination is an evaluation of qualifications, and it need not be a best in the sense that scoring is a necessary concomitant. ’ ’ That the statute clearly contemplates that a noncompetitive examination be administered … An examination is a testing by questions, either written or oral, or,by demonstrations of skill, of an applicant’s ability, knowledge and experience which qualify him to hold a certain position.

City of Fostoria v. Ohio Patrolmen's Benevolent Ass'n

106 Ohio St. 3d 194 · Ohio Supreme Court · Sep 14, 2005

The Sixth Circuit affirmed the trial court’s decision that a grievance signed and filed by a single employee did not qualify as a group grievance. … (Emphasis added.) {¶ 25} In using the passive voice to describe the preparation of a written grievance, the parties failed to clearly establish who it is that must present a written grievance to the chief of police.

State v. Allard

75 Ohio St. 3d 482 · Ohio Supreme Court · May 22, 1996

Moreover, the evidence adduced at trial clearly established that appellant was unable to accept responsibility for his acts of violence. … To establish plain error, appellant must be able to demonstrate that but for the victim impact statements, the trial judge would clearly have sentenced appellant to terms of life imprisonment for the aggravated murders of

Ohio Consumers' Counsel v. Public Utilities Commission

117 Ohio St. 3d 301 · Ohio Supreme Court · Mar 6, 2008

of Market Presence {¶ 23} In its fifth proposition, OCC challenges the commission’s application of Tests 3 and 4, which award alternative regulation if the applicant shows, inter alia, the presence of a minimum number of qualified … Its finding that AT & T met the requirements for a showing of public interest will not be disturbed by this court absent a demonstration that it is clearly unsupported by the record.