KIGER v. CHARITY NEWSIES

No. 7119.

118 Ohio App. 205 (1963)

KIGER, A MINOR, APPELLANT, v. CHARITY NEWSIES, INC., ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided March 26, 1963.


Attorney(s) appearing for the Case

Mr. Judson C. Kistler and Mr. R. Brooke Alloway, for appellant.

Messrs. Bricker, Evatt, Barton, Eckler & Niehoff, for appellees.


DUFFEY, J.

This is an appeal from a judgment of the Common Pleas Court of Franklin County, Ohio. Plaintiff-appellant duly filed his petition for damages based on negligence. An answer was filed, pre-trial conference held, and the case called for trial. At that point it became apparent for the first time, at least to the court, that the petition failed to state a cause of action in that it failed to allege any act of...

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