Legal Opinion

Kraut v. Cleveland Ry. Co.

Ohio Supreme Court

Decided December 16, 1936No. 26052PublishedCited by 34 opinions

1Opinion of the CourtWilliams, J.

Does a judgment denying recovery in the wife’s action for personal injuries constitute a bar to the husband’s action for loss of services?

The rule of res judicata is laid down in State v. Cincinnati Tin & Japan Co., 66 Ohio St., 182, 64 N. E., 68, in these words: “To constitute the record of an action h bar of res adjudicata it must appear in the record itself that the party against whom it is offered was a party or privy in blood or estate to the former action, or assisted in the prosecution or defense thereof for some benefit of his own.”

It was held in B. & O. Rd. Co. v. Glenn, 66 Ohio St.,…

2Cases cited12 opinions

  1. Madden's CaseMassachusetts Supreme Judicial Court · 1916
  2. Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
  3. Womach v. City of St. JosephSupreme Court of Missouri · 1907
  4. Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
  5. Hey v. PrimeMassachusetts Supreme Judicial Court · 1908

7 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Viock v. Stowe-Woodward Co.Ohio Court of Appeals · 1983
  2. Tomlinson v. SkolnikOhio Supreme Court · 1989
  3. Mitchell v. White Motor Co.Illinois Supreme Court · 1974
  4. Lansburgh & Bro. v. ClarkCourt of Appeals for the D.C. Circuit · 1942
  5. Choctaw, Inc. v. WichnerMississippi Supreme Court · 1988

29 more not listed; retrieve them via the Exa API.

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