West v. McNamara

The writer regrets that he cannot agree with his associates in reversing the unanimous judgment of the Court of Appeals herein. Neither the interpretation of the facts as contained in the majority opinion nor the legal conclusions there reached are in accord with the writer’s views.

In reaching a decision in the present case, the influence and implications of Brown, a Minor, v. Kennedy et al., Minors, 141 Ohio St., 457, 48 N. E. (2d), 857, cannot be escaped. The law of that case, as set out in the syllabus, is as follows:

“Where an insurance policy covers one who uses the specified automobile…