WILLIAMS v. MARION RAPID TRANSIT, INC.

No. 31550.

152 Ohio St. 114 (1949)

WILLIAMS, AN INFANT, APPELLEE, v. THE MARION RAPID TRANSIT, INC., APPELLANT.

Supreme Court of Ohio.

Decided July 13, 1949.


Attorney(s) appearing for the Case

Mr. Colonel G. L. Yearick, Mr. R. N. Larrimer and Messrs. Martin & Reed, for appellee.

Messrs. Wilhelm & Robinson and Mr. William P. Moloney, for appellant.


MATTHIAS, J.

The question of law presented to this court is stated, in the brief of the plaintiff, as follows: "Is a viable child, injured while en ventre sa mere, who survives such injury, without remedy under the law of Ohio for permanent injuries suffered by reason of the negligence of another?"

The defendant in its brief states the issue as follows: "Does there exist in Ohio a right of action by an infant for alleged injuries caused by the alleged...

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