O'DONNEL v. LANGDON

No. 36252.

170 Ohio St. 528 (1960)

O'DONNEL, APPELLEE, v. LANGDON, APPELLANT.

Supreme Court of Ohio.

Decided April 20, 1960.


Attorney(s) appearing for the Case

Messrs. Beigel & Mahrt and Mr. Frederick C. O'Grady, for appellee.

Messrs. Marshall & Smith, for appellant.


WEYGANDT, C. J.

In the opinion of the Court of Appeals appears the following reasoning:

"Perhaps the weakest element in the present petition is the use of the word `severe' in describing the back injury. Defendant emphasizes this word as implying that plaintiff knew of an injury but did not consider it serious. But upon demurrer we must construe the pleading most favorably to the pleader. At most the word `severe' is a conclusion subject to be stricken upon...

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