Legal Opinion

Purdy v. Kerentoff

Ohio Supreme Court

Decided December 21, 1949No. 31711PublishedCited by 14 opinions

1Opinion of the CourtTurner, J.

The question before us is whether either Mr. Purdy or his wife was guilty of contributory negligence as a matter of law.

It needs no citation of authority to establish that if Mrs. Purdy was guilty of negligence which was a proximate cause of her injury, no recovery may be had.

If Mr. Purdy was guilty of such contributory negligence, no recovery may be had in this case. (The allegations of the amended petition show that Mr. Purdy is the only heir and next of kin.) (See Wolf, Admr., v. Lake Erie & Western Ry. Co., 55 Ohio St., 517, paragraph 3 of the syllabus, 45 N. E., 708.)

The weight of the…

2Cases cited3 opinions

  1. Hamden Lodge No. 517 v. Ohio Fuel Gas Co.Ohio Supreme Court · 1934
  2. Wilkeson v. Erskine & Son, Inc.Ohio Supreme Court · 1945
  3. Trentman v. CoxOhio Supreme Court · 1928

3Cited by14 opinions

  1. Ruta v. Breckenridge-Remy Co.Ohio Supreme Court · 1982
  2. Domany v. Otis Elevator Co.Court of Appeals for the Sixth Circuit · 1966
  3. Bradshaw v. WilsonOhio Court of Appeals · 1950
  4. Carl Niepert, an Individual and as of the Estate of Dorothy Niepert, Deceased v. The Cleveland Electric Illuminating CompanyCourt of Appeals for the Sixth Circuit · 1957
  5. Crampton v. Kroger Co.Ohio Court of Appeals · 1959

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