Legal Opinion
Royce v. Smith
Ohio Supreme Court
Decided December 9, 1981No. Nos. 81-36 and 81-56PublishedCited by 30 opinions
1Opinion of the CourtSweeney, J.
The question presented in the instant appeal is whether a complaint and a cross-claim seeking to impose liability on the township trustees and county engineer for their alleged negligence in failing to maintain the stop sign controlling the intersection where appellants’ vehicles collided state claims for which relief can be granted.
The standard for dismissal pursuant to Civ. R. 12(B)(6) is set forth in the syllabus of O’Brien v. University Community Tenants Union (1975), 42 Ohio St. 2d 242, which states:
“In order for a court to dismiss a complaint for failure to state a claim upon which…
2Cases cited8 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
- Fankhauser v. City of MansfieldOhio Supreme Court · 1969
- Ohio Bell Telephone Co. v. Watson Co.Ohio Supreme Court · 1925
- Ditmyer v. Board of County Commissioners of Lucas CountyOhio Supreme Court · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bussard v. Ohio Department of TransportationOhio Court of Claims · 1986
- Phung v. Waste Management, Inc.Ohio Supreme Court · 1986
- White v. Ohio Department of TransportationOhio Supreme Court · 1990
- Universal Coach, Inc. v. New York City Transit Authority, Inc.Ohio Court of Appeals · 1993
- Clemets v. HestonOhio Court of Appeals · 1985
25 more not listed; retrieve them via the Exa API.