Ohio Contract Carriers Ass'n v. Pub. Utils. Comm'n, 42 N.E.2d 758 (1942). · Go Syfert
Ohio Contract Carriers Ass'n v. Pub. Utils. Comm'n, 42 N.E.2d 758 (1942). Cases Citing This Book View Copy Cite
“it is fundamental that appeal lies only on behalf of a party aggrieved' " and thus, a "party aggrieved by a court's error must challenge it on direct appeal; otherwise, the sentence will be subject to res judicata”
415 citation events (265 in the last 25 years) across 6 distinct courts.
Strongest positive: State v. Brasher (ohio, 2022-12-28)
Treatment trajectory · 1943 → 2026 · click a year to view as-of
1943 1984 2026
Top citers, strongest first. 21 distinct citers.
examined Cited as authority (quoted) State v. Brasher (2×)
Ohio · 2022 · quote attribution · 2 verbatim quotes · confidence low
it is fundamental that appeal lies only on behalf of a party aggrieved' " and thus, a "party aggrieved by a court's error must challenge it on direct appeal; otherwise, the sentence will be subject to res judicata
discussed Cited as authority (rule) In re Guardianship of Foust
Ohio Ct. App. · 2025 · confidence medium
Comm., 140 Ohio St. 160, 161 (1942). {¶30} While Guntzelman has standing to challenge the court’s denial of his guardianship application, he lacks standing to challenge the court’s appointment of separate guardians.
discussed Cited as authority (rule) Lowe v. Compton
Ohio Ct. App. · 2025 · confidence medium
Comm., 140 Ohio St. 160, 161 (1942). {¶35} “It is a fundamental rule that an appeal may generally be instituted only by ‘parties who are able to demonstrate a present interest in the subject matter of the litigation which has been prejudiced by the judgment of the lower court.’” In re Guardianship of Santrucek, 2008-Ohio-4915 , ¶ 5, citing Willoughby Hills v. C.C.
cited Cited as authority (rule) Hartford Fire Ins. Co. v. DeBra-Kuempel Inc.
Ohio Ct. App. · 2024 · confidence medium
Comm., 140 Ohio St. 160, 161 (1942).
discussed Cited as authority (rule) RRL Holding Co. Ohio, L.L.C. v. Stewart
Ohio Ct. App. · 2021 · confidence medium
Utilities Comm., 140 Ohio St. 160, 161 (1942). {¶ 20} In the case sub judice, the August 26, 2020 final judgment entry addresses the priority for payments under the buy-sell agreement and arbitration ruling as described in the trial court's June 26, 2020 entry.
discussed Cited as authority (rule) Borden v. Borden
Ohio Ct. App. · 2020 · confidence medium
Comm., 140 Ohio St. 160, 161 (1942) (an “aggrieved” party is one whose interest in the subject matter of the litigation is “‘immediate and pecuniary, and not a remote consequence of the judgment.’”) It did not, however, attempt to intervene in the matter after it received notice of the trial court’s nunc pro tunc order.
cited Cited as authority (rule) In re D.B.
Ohio Ct. App. · 2019 · confidence medium
Comm. of Ohio, 140 Ohio St. 160, 161 (1942). {¶ 15} Grandfather A.S. raises two assignments of error.
cited Cited as authority (rule) In re M.D.
Ohio Ct. App. · 2019 · confidence medium
Comm. of Ohio, 140 Ohio St. 160, 161 (1942).
cited Cited as authority (rule) Haber Polk Kabat, L. L.P. v. Condominiums At Stonebridge Owners' Ass'n, Inc.
Oh. Ct. App. 8th Dist. Cuyahoga · 2017 · confidence medium
Ohio Contract Carriers Assn. at 161, 42 N.E.2d 758 , quoting 2 American Jurisprudence , Section 150.
discussed Cited as authority (rule) In re R.J.E.
Ohio Ct. App. · 2017 · confidence medium
“Similarly, a party who attempts to appeal a judgment must meet standing requirements to invoke the jurisdiction of the appellate court.” In re S.G.D.F., supra, citing Ohio Contract Carriers Assn. v. Public Util. 5 Comm. of Ohio, 140 Ohio St. 160, 161 (1942).
cited Cited as authority (rule) SP9 Ent. Trust v. Brauen
Ohio Ct. App. · 2014 · confidence medium
Comm., 140 Ohio St. 160, 161 (1942).
discussed Cited as authority (rule) Tucker v. Dennis Baughman Co., Ltd. (2×) also: Cited "see"
Ohio Ct. App. · 2014 · confidence medium
Comm., 140 Ohio St. 160, 161 (1942).
discussed Cited as authority (rule) Galilee Missionary Baptist Church v. Bibby (2×)
Ohio Ct. App. · 2011 · confidence medium
Comm’n, 140 Ohio St. 160, 161 (1942); BFG Federal Credit Union v. CU Lease Inc., 9th Dist.
cited Cited as authority (rule) B B Rentals v. Fisher, 07ca23 (4-29-2008)
Ohio Ct. App. · 2008 · confidence medium
Ohio Contract Carriers, 140 Ohio St. at 161 , 23 O.O. at 369, 42 N.E.2d at 759 .
discussed Cited as authority (rule) Moore v. Franklin Cty. Children Servs., 06ap-951 (8-14-2007)
Ohio Ct. App. · 2007 · confidence medium
Further, "such an interest must affect a substantial right and it must be `immediate and pecuniary, and not a remote consequence of the judgment; a future, contingent or speculative interest is not sufficient.'" Village of Holiday City , supra, at 371, quoting Ohio Contract Carriers , supra, at 161. {¶ 17} In the instant case, as a result of the investigation by FCCS, appellant's name was placed in a central registry.
discussed Cited as authority (rule) White v. Continental Express, Inc., Unpublished Decision (9-27-2004)
Ohio Ct. App. · 2004 · confidence medium
As the Supreme Court noted in Ohio Contract Carriers, "[a]ppeals are not allowed for the purposes of settling abstract questions, . . . but only to correct errors injuriously affecting the appellant." Ohio Contract Carriers, 140 Ohio St. at 161 (citations omitted); see also Germanoff v. Aultman Hosp., 5th Dist.
discussed Cited as authority (rule) Estado Libre Asociado v. Aguayo
prsupreme · 1958 · confidence medium
(Pág. 313.) Véanse, además, en igual sentido, Northridge Park County Water District v. McDonnell, supra, pág. 29; Atlantic Seabord Corp. v. Federal Power Commission, 200 F.2d 796, 797 (C.C.A. 4, 1953); Campbell Soup Co. v. Martin, 202 F.2d 398, 399 (C.C.A. 3, 1953); Louisville Transit Co. v. Department of Motor Transportation, 286 S.W.2d 536, 538 (Ky., 1956); Fugel v. Becker, 2 S.W.2d 743 , 746 (Mo., 1928); Moore v. Smith, 160 P.2d 675, 681 (Ka., 1945); Ohio Contract Carriers Ass’n v. Public Utilities Comm., 42 N.E.2d 758, 759 (Ohio, 1942); Grossman v. Statt, 300 N.Y.S. 152, 154 (1937).
discussed Cited as authority (rule) Commonwealth v. Aguayo
prsupreme · 1958 · confidence medium
And in California v. San Pablo and Tulare Railroad Co., 149 U.S. 308 (1893), the United States Supreme Court declined to make an adjudication on the merits of a suit which in its opinion had become moot, even though the attorney general of California prayed for such a judgment alleging that it was of “utmost importance to the people of the State of California.” (At 313.) See, also, in this connection, Northridge Park County Water District v. McDonell, supra at 29; Atlantic Seaboard Carp. v. Federal Potver Commission, 200 F.2d 796, 797 (C.C.A. 4, 1953); Campbell Soup Co. v. Martin, 202 F.2d…
cited Cited "see" State v. Cunningham
Ohio Ct. App. · 2021 · signal: see · confidence high
See Kuchta, 2014- Ohio-4275 at ¶ 22 and Ohio Contract Carriers, 140 Ohio St. at 163 . {¶10} Appeal dismissed.
cited Cited "see" State v. Brothers
Ohio Ct. App. · 2010 · signal: see · confidence high
See Ohio Contract Carriers Assn. v. Public Utilities Comm. (1942), 140 Ohio St. 160 , citing 2 Am.Jur. 941, Sec. 149.
cited Cited "see" A. DiCillo & Sons, Inc. v. Chester Zoning Board of Appeals
Ohio · 1952 · signal: see · confidence high
See Ohio Contract Carriers Assn., Inc., v. Public Utilities Commission, 140 Ohio St., 160 , 42 N. E. (2d), 758.
Ohio Contract Carriers Assn., Inc., Appellant,
v.
Public Utilities Commission of Ohio, Appellee. (Two Cases.)
Mr. Ralph W. Sanborn and Mr. Lyman Brownfield , for appellant. Mr. Thomas J. Herbert , attorney general, and Mr. Kenneth L. Sater , for appellee.
Turner, Weygandt, Williams, Matthias, Hart, Zimmerman, Bettman.
1 passages pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Ohio Supreme Court (2)
Turner, J.

It is fundamental that appeal lies only on behalf of a party aggrieved. Unless an appellant can show that his rights have been invaded, no error is shown to have been committed by the court or body which entered the final order.

As stated in 2 American Jurisprudence, 941, Section 149:

“It is a fundamental rule that to be entitled to institute appeal or error proceedings a person must have a present interest in the subject-matter of the litigation and must be aggrieved or prejudiced by the judgment, order or decree.”

In Section 150, ibid, it is said:

“A cardinal principle which applies alike to every person desiring to appeal, whether a party to the record or not, is that he must have an interest in the subject-matter of the litigation. His interest must be immediate and pecuniary, and not a remote consequence of the judgment; a future, contingent or speculative interest is not sufficient.”

In Section 152, ibid, it is said:

“In addition to the requirement of a substantial interest in the subject-matter of the litigation, it is essential, in order that a person may appeal or sue out a writ of error, that he shall be aggrieved or prejudiced by the judgment or decree. Appeals are not allowed for the purpose of settling abstract questions, however interesting or important to the public generally, but only to correct errors injuriously affecting the appellant. ’ ’

Appellant claims that it was an “interested party” to the proceeding before the commission. This claim is based upon that part of Section 614-83, General[*162] Code, which authorizes the Public Utilities Commission to “cooperate with the federal government and the several states, and the duly authorized officials thereof, and with any organization of motor carriers in the administration and enforcement of this chapter [Sections 487 to 614-128, General Code].”

Whatever may be claimed for appellant’s rights under Section 614-83, General Code, such rights are subject to the limitations contained in other sections of the chapter relating to the Public Utilities Commission.

Section 544, General Code, provides:

“A final order made by the commission shall be reversed, vacated or modified by the Supreme Court on appeal, if upon consideration of the record such court is of the opinion that such order was unlawful or unreasonable.”

As Section 544, General Code, was re-enacted as a part of the “Act to Establish a Simplified Method of Appellate Review” (116 Ohio Laws, 104, 120), we look to Section 12223-2, General Code (116 Ohio Laws, 105; 117 Ohio Laws, 615) for a definition of a final order. There it is defined as one “affecting a substantial right.”

Section 499-6a, effective September 6, 1939, refers only to the persons who may practice before the commission and does not in any manner enlarge the list or character of parties who may appeal to this court.

Section 614-89, General Code, provides:

“In all respects in which the Public Utilities Commission has power or authority under this act, applications and complaints may be made and filed with such commission, processes issued, hearings held, opinions, orders and decisions made and filed, petitions for rehearings filed and acted upon, and all proceedings before the Supreme Court of this state considered and disposed of by such court in the manner, under the conditions and subject to the limitations and with[*163] the effect specified in the sections of the General Code governing the supervision of other public utilities by the commission.” This section makes applicable Section 544 et seq., General Code.

At the hearing in this court, counsel for appellant admitted that appellant was not composed of more than approximately ten per cent of the contract motor carriers. Appellant did not claim to represent any specific permit holder. We need not stop to inquire whether appellant is such an “organization of motor carriers” as is referred to in Section 614-83, General Code. The record discloses no interest of any kind of appellant which is or could be affected by the commission’s order. The fact that counsel for appellant were heard by the commission in common with counsel and representatives of other interests, and the further fact that appellant may have been made a party to the proceedings before the commission, give appellant no right to appeal to this court in the absence of a showing that it is an aggrieved party whose substantial right has been affected by the questioned order.

The motions to dismiss are sustained and the causes are dismissed.

Motions sustained and causes dismissed.

Weygandt, C. J., Williams, Matthias, Hart and Zimmerman, JJ., concur. Bettman, J., not participating.