MIDVALE COAL CO. v. CARDOX CORP.

No. 31718.

152 Ohio St. 437 (1949)

THE MIDVALE COAL CO. (PITTSBURGH PLATE GLASS CO., SUBSTITUTED PLAINTIFF), APPELLANT, v. CARDOX CORP., APPELLEE.

Supreme Court of Ohio.

Decided December 28, 1949.


Attorney(s) appearing for the Case

Messrs. Fisher, Smith & Renner, for appellant.

Messrs. Black, McCuskey, Souers & Arbaugh, for appellee.


STEWART, J.

The Court of Common Pleas in its opinion stated:

"It would therefore follow that the plaintiff's petition states a cause of action unless:

"(a) Recovery is prohibited by law, or

"(b) The damages claimed are too remote and too indirect to be recoverable."

That court then stated, in effect, that the law does not prohibit a recovery, but the court sustained the demurrer upon the...

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