DAMM v. LODGE

No. 32929.

158 Ohio St. 107 (1952)

DAMM, APPELLANT, v. ELYRIA LODGE NO. 465, BENEVOLENT PROTECTIVE ORDER OF ELKS, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 25, 1952.


Attorney(s) appearing for the Case

Messrs. Levin & Levin, for appellant.

Mr. R. H. Rice, for appellees.


MATTHIAS, J.

The question presented is stated by the plaintiff as follows:

"May the wife of a deceased member of a voluntary unincorporated association maintain an action in tort against the association for a tort committed against her during her husband's lifetime?"

It is the position of the defendants that a so-called "group suit" for tort cannot be maintained against a voluntary unincorporated association unless all members are included and that...

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