Limbaugh v. Western Ohio Railroad

Citations

• 94 Ohio St. 12
• 113 N.E. 687
• 1916 Ohio LEXIS 160

Syllabus

<p>Parties — Jurisdiction over actual wrongdoer — Appearance and substitution — Charge to jury — Special requests included in general charge.</p> <p>1. When the actual wrongdoer, who is not served or made a party defendant in an action, has been substituted for another mistakenly sued, and, after such substitution, appears by counsel and contests the merits, it cannot afterwards question the jurisdiction of the court over it.</p> <p>2. It is not prejudicial error to refuse special requests before argument, when the substance thereof has been- fully embodied in other requests given before argument, at the instance of the same party.</p>