JOHNSON v. CITIZENS NATIONAL BANK

No. 31774.

152 Ohio St. 477 (1950)

JOHNSON, APPELLEE, v. THE CITIZENS NATIONAL BANK OF NORWALK, APPELLANT.

Supreme Court of Ohio.

Decided January 11, 1950.


Attorney(s) appearing for the Case

Mr. John R. Crossen and Messrs. Young & Young, for appellee.

Mr. G. Ray Craig and Messrs. Carpenter & Carpenter, for appellant.


WEYGANDT, C. J.

This is another of the rather frequent cases in which there is no dispute as to either the law or the controlling facts. The controversy lies in the application of the pertinent law to the particular facts.

Ohio follows the fundamental common-law rule that in an ordinary tort action the injured plaintiff may not recover from the defendant, even though negligent, if the plaintiff, too, was guilty of negligence proximately contributing to cause...

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