New York Central Rd. v. Wiler

The question here is whether the action is one for malpractice, and therefore subject to the limitation of Section 11225, General Code, and the rule of law announced by this court in the case of Youngstown Park & Falls Street Ry. Co. v. Kessler, 84 Ohio St., 74, 95 N. E., 509, 36 L. R. A. (N. S.), 50, Ann. Cas., 1912B, 933, or whether it is the character of an action for bodily injury contemplated by the limitation of Section 11224-1, General Code.

The plaintiff in error, relying upon the holding of this court in Railway Co. v. Kessler, supra, assumes that when a railway company employs a…