HOLIBAUGH v. COX

No. 35128.

167 Ohio St. 340 (1958)

HOLIBAUGH ET AL., APPELLEES, v. COX, APPELLANT.

Supreme Court of Ohio.

Decided March 12, 1958.


Attorney(s) appearing for the Case

Messrs. Carson, Vogelgesang & Sheehan, for appellees.

Messrs. Day, Cope, Ketterer, Raley & Wright, for appellant.


MATTHIAS, J.

Defendant's assigned errors raise two issues for our consideration and determination:

I. Whether a subrogee insurer is barred by the two-year statute of limitations from joining in an action against a tortfeasor, where the insured commenced the action before the expiration of the two-year period for the full amount of the loss, including that for which he was reimbursed by the insurer.

II. Whether the amount of the verdict is excessive...

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