CANTERBURY v. RD. CO.

Nos. 32898 and 32899.

158 Ohio St. 68 (1952)

CANTERBURY, APPELLEE, v. THE PENNSYLVANIA RD. CO., APPELLANT. (Two cases.)

Supreme Court of Ohio.

Decided June 18, 1952.


Attorney(s) appearing for the Case

Messrs. Young & Young, for appellees.

Messrs. Flynn, Py & Kruse, for appellant.


STEWART, J.

In case No. 32898 the question presented is whether the Court of Appeals erred when it reversed the judgment of the Court of Common Pleas dismissing the petition of Nettie Jane Canterbury for the reason that she was a minor and had not instituted her action by a next friend.

The trial court refused to permit an amendment of the petition and the substitution of a next friend as plaintiff. The refusal...

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