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McDONALD v. HAUGHT

Nos. 40184 and 40420.

10 Ohio St. 2d 43 (1967)

McDONALD, APPELLANT, v. HAUGHT, APPELLEE. CASPER, APPELLEE, v. EVERHART, APPELLANT.

Supreme Court of Ohio.

Decided April 5, 1967.

Attorney(s) appearing for the Case

Mr. Roger F. Redmond, for appellant in case No. 40184.

Messrs. Summers, Haupt & Theisen and Mr. Paul T. Theisen, for appellee in case No. 40184.

Mr. James A. Kiger, for appellee in case No. 40420.

Messrs. Junk & Junk, for appellant in case No. 40420.

MATTHIAS, J.

We are here presented with the question of whether it is necessary for a plaintiff in a negligence action to file a reply, denying and allegation of contributory negligence made by a defendant in his answer, where the defendant does not plead any facts supporting his allegation of contributory negligence. The Court of Appeals for Washington County has held that a reply is required. The Court of Appeals for Fayette County has held that it is not necessary...

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