Legal Opinion

Losito v. Kruse, Jr.

Ohio Supreme Court

Decided January 3, 1940No. 27573PublishedCited by 105 opinions

1Opinion of the CourtHart, J.

This record presents the question as to rvhether a compromise settlement with a master for injuries caused solely by his servant while acting within the scope of the latter’s employment, is a complete bar to an action of the injured party against such servant for the same injuries, or only a pro tanto credit on the claim of such injured party against the servant which may be set off by the jury.

The answer to this question depends upon the nature and character of the relationship of the parties against whom the liability is asserted. Concurrent but related tort-feasors constitute a class…

2Cases cited10 opinions

  1. Chicago City v. RobbinsSupreme Court of the United States · 1863
  2. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  3. Bello v. ClevelandOhio Supreme Court · 1922
  4. Miller v. F. Beck & Co.Supreme Court of Iowa · 1899
  5. Brown v. Town of LouisburgSupreme Court of North Carolina · 1900

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3Cited by105 opinions

  1. Comer v. RiskoOhio Supreme Court · 2005
  2. Natl. Union Fire Ins. Co. of Pittsburgh, PA v. WuerthOhio Supreme Court · 2009
  3. Globe Indemnity Co. v. SchmittOhio Supreme Court · 1944
  4. Maryland Casualty Co. v. Frederick Co.Ohio Supreme Court · 1944
  5. Fenly v. RevellSupreme Court of Kansas · 1951

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

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