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ROSZMAN v. SAMMETT

No. 70-161.

26 Ohio St. 2d 94 (1971)

ROSZMAN, ADMX., APPELLEE, v. SAMMETT, D. B. A. HOMER F. SAMMETT TRUCKING CO., APPELLANT.

Supreme Court of Ohio.

Decided April 28, 1971.

Attorney(s) appearing for the Case

Messrs. Stansberry & Schoenberger, and Mr. Loren C. Schoenberger, for appellee.

Messrs. Myers, Spurlock & Sears, Mr. Robert B. Spurlock and Messrs. Roth & Bacon, for appellant.

STERN, J.

The record presents this question for determination:

Do the facts and circumstances as disclosed by the record show a wanton act on the part of the defendant which precludes the defendant from urging the negligence of plaintiff's decedent as a defense to this action?

The basis for plaintiff's claim, as set forth in her petition and evidence adduced in her behalf, is that the proximate cause...

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