KUBITZ v. SANDUSKY

No. 38198.

176 Ohio St. 445 (1964)

KUBITZ, A MINOR, APPELLANT, v. CITY OF SANDUSKY, APPELLEE.

Supreme Court of Ohio.

Decided July 8, 1964.


Attorney(s) appearing for the Case

Mr. Frank K. Levin, for appellant.

Messrs. Flynn, Py & Kruse, for appellee.


HERBERT, J.

Did the Court of Appeals commit error by affirming the judgment of the Court of Common Pleas sustaining the appellee's demurrer to the amended petition?

The record discloses that appellant commenced his action by filing a petition setting up two causes of action (1) sounding in tort and (2) based on a claimed nuisance.

A demurrer to the original petition was sustained by the Court of Common Pleas, whereupon appellant filed his amended petition...

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