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MASON v. ROBERTS

No. 72-67.

33 Ohio St. 2d 29 (1973)

MASON, ADMR., APPELLEE, v. ROBERTS; TESTER, D. B. A. CORNER BAR, APPELLANT.

Supreme Court of Ohio.

Decided March 14, 1973.

Attorney(s) appearing for the Case

Messrs. Gongwer & Shafer and Mr. Philip H. Shafer, for appellant.

Messrs. Mason, Mason & Fridline and Mr. Josiah L. Mason, for appellee.

STERN, J.

The Court of Common Pleas, in sustaining defendant's motion for summary judgment, viewed this cause as singularly involving R. C. 4399.01 (the Dram Shop Act), and concluded that this statute constituted the exclusive remedy for the recovery of damages in a wrongful death action brought against a liquor permit holder who sold intoxicating liquor for consumption on the premises to another allegedly intoxicated...

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