BANKS v. POWER CO.

No. 32671.

157 Ohio St. 10 (1952)

BANKS, ADMX., APPELLANT, v. THE OHIO POWER CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 20, 1952.


Attorney(s) appearing for the Case

Mr. Richard N. Larrimer and Mr. Ernest G. Littleton, for appellant.

Messrs. Johnson, Skelton, Kahl & Horr, for appellee The Ohio Power Company.

Messrs. Miller, Searl & Fitch, for appellee Ideal Milk Company.


HART, J.

The question presented is whether the trial court after granting leave to the plaintiff to file a third amended petition, which in fact was filed the same day the leave was granted, abused its discretion in sustaining a motion to dismiss such third amended petition for want of prosecution, thereby denying the plaintiff a review of the sufficiency of her third amended petition.

The Court of Appeals, in its opinion, expressed its position as follows...

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