Legal Opinion

Wagner v. Arthur

Cuyahoga County Common Pleas Court

Decided March 6, 1956No. 679112PublishedCited by 6 opinions

1Opinion of the Court

OPINION

By FULTON, J:

Plaintiff claims to have been injured in Cleveland by an automobile owned by defendant but driven carelessly by one who stole it in Columbus, Ohio, where it had been parked on the street by the defendant owner who left the key in the ignition.

The defendant demurred to the petition on the ground that no cause of action is stated. The demurrer is. sustained

It is conceded by both parties that this is a case of first impression in Ohio. The question presented rests solely upon the petition of which the well pleaded facts must be construed most favorably to plaintiff-pleader.…

2Cases cited6 opinions

  1. Curtis v. JacobsonSupreme Judicial Court of Maine · 1947
  2. Cockrell v. SullivanAppellate Court of Illinois · 1951
  3. Garbo v. WalkerCuyahoga County Common Pleas Court · 1955
  4. Arthur Steier v. New York State Education Commissioner, New York City Board of Higher Education and Brooklyn CollegeCourt of Appeals for the Second Circuit · 1959
  5. Reti v. Vaniska, Inc.New Jersey Superior Court Appellate Division · 1951

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

3Cited by6 opinions

  1. Shafer v. Monte Mansfield MotorsArizona Supreme Court · 1962
  2. Kalberg v. Anderson Bros. Motor Co.Supreme Court of Minnesota · 1958
  3. Bryant v. Atlantic Car Rental, Inc.District Court of Appeal of Florida · 1961
  4. Consiglio v. AhernConnecticut Appellate Court · 1968
  5. Robinson v. PollardCourt of Appeals of Georgia · 1974

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

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