Baltimore & Ohio Railroad v. Larwill

Citations

• 83 Ohio St. (N.S.) 108

Syllabus

<p>Sait commenced in state court — Removal to federal court — There dismissed by plaintiff without prejudice — May be re-brought in state court, when.</p> <p>Where a suit commenced in a state court has been removed on the motion of the defendant to a United States court having concurrent jurisdiction of the cause of action, and has by such court, on the application of plaintiff, been dismissed without prejudice to plaintiff’s right to bring a new action, there is no merger of the cause of action, and a new suit may be brought thereon within proper time in any court of competent jurisdiction as though no previous suit had been brought. B. & O. R. R. Co. v. Fulton, 59 Ohio St., 575, overruled.</p>