4 Ohio Law Abs. 451

CREW v. PENN. RY. CO.

Ohio Appeals, 1st Dist., Hamilton Co.

No. 2687.

Decided March 1, 1926

Attorneys — Washington T. Porter and H. C. Bolsinger for Crew; Maxwell & Ramsey and G. B. Moorman for Penn. R. R. Co.; all of Cincinnati.

BUCHWALTER, P. J.

S.T. Crew, the owner of a garage along the Pennsylvania R. R. Co. right of way brought this action to recover damages' of the railroad Co. for a fire allaged to have been caused by sparks emitted from a passing locomotive operated by the company.

The company filed answer, which, in the contention of Crew is merely a sham and un-, true. He made no motion to strike- such answer, but after an adverse verdict filed motion for a judgment on the pleadings. Hamilton Common Pleas overruled this motion and entered judgment on the verdict.

On proceedings in error, the Court of Appeals held:

1. Where plaintiff has reason to believe that answer is a sham and untrue, motion to strike from files is the proper recourse.

Judgment of Common Pleas affirmed.

Crew v. Penn. Ry. Co.
4 Ohio Law Abs. 451

Case Details

Name
Crew v. Penn. Ry. Co.
Decision Date
Mar 1, 1926
Citations

4 Ohio Law Abs. 451

Jurisdiction
Ohio

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