Van Scoder v. Noice

The plaintiff claims the right to bring the action in Franklin County by virtue of §6308, GC.

This Section is as follows:

“Actions for injury to a person or property caused by the negligence of the owner of a motor vehicle, may be brought by the person injured, against such owner or operator in the county wherein such injury occurs.” (110 O.L., 407).

The section then provides for service on the defendant in a different county.

It is conceded that the person actually injured may bring the action in the county where the accident occurred, but it is claimed that where the person injured is dead and…