TOMS v. S. & L. ASSN.

No. 33977.

162 Ohio St. 513 (1955)

TOMS, A MINOR, APPELLEE, v. THE DELTA SAVINGS & LOAN ASSN., APPELLANT.

Supreme Court of Ohio.

Decided February 9, 1955.


Attorney(s) appearing for the Case

Messrs. Long & Bloom and Mr. John Philip Strother, for appellee.

Mr. Alfred T. Fulford and Mr. Chester R. Shook, for appellant.


MATTHIAS, J.

Briefly stated, the question presented is: Does the amended petition on its face state facts which show a cause of action?

As seen by a reading of the petition, the plaintiff pleads, essentially, that while witnessing a baseball game he was injured when a player named Philip Hudson "negligently, carelessly, and recklessly, and with great force and violence, struck plaintiff in the left eye" with a baseball, and that said baseball player was wearing...

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