FALTER v. TOLEDO

No. 35647.

169 Ohio St. 238 (1959)

FALTER ET AL., APPELLEES, v. CITY OF TOLEDO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 20, 1959.


Attorney(s) appearing for the Case

Mr. Carl F. Dorcas, for appellees.

Mr. Charles T. Lawton, director of law, and Mr. William. D. Driscoll, for appellants.


WEYGANDT, C. J.

The insurance company is a party plaintiff by virtue of the fact that Falter was the holder of its policy of collision insurance for any damage in excess of $100, and such excess has been paid.

The sole issue before this court involves a procedural question of pleading.

The plaintiffs' petition contains an allegation that "the reasonable cost of the labor and material necessary to repair said automobile was the sum of one hundred seventy...

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