Makranczy v. Gelfand
Ohio Supreme Court
Error to the Court of Appeals of Cuyahoga county. The record in this case discloses that on December 5, 1918, Julia Stephan, a child between 5 and 7 years of age, was killed on West Twenty-Fifth street, near Franklin avenue, in the city of Cleveland, as a result of coming in contact with an automobile owned by Theodore and Charles Makranczy, and operated by one Bela Bloch.
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Error to the Court of Appeals of Cuyahoga county. The record in this case discloses that on December 5, 1918, Julia Stephan, a child between 5 and 7 years of age, was killed on West Twenty-Fifth street, near Franklin avenue, in the city of Cleveland, as a result of coming in contact with an automobile owned by Theodore and Charles Makranczy, and operated by one Bela Bloch. At the time of the accident Bloch was driving a friend “over to town,” as the street cars did not appear to be running at the time, Bloch having asked Makranczy for the use of the car. This permission was granted, provided…
1Opinion of the CourtDay, J.
The errors relied upon to reverse the judgment of the courts below in this case may be grouped under tbe following heads:(1) That tbe common pleas court erred in vacating tbe judgment of dismissal and in reinstating tbe case on December 7, 1921, after tbe same bad been dismissed without prejudice on December 4, 1919.(2) That tbe court of common pleas erred in overruling tbe motion of tbe defendant to strike from tbe petition of tbe plaintiff, among other things, tbe allegation that tbe decedent “said Julia Stephan sustained a broken rib, a puncture of tbe right lung, two severe lacerations on…
2Cases cited1 opinion
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- City of Cleveland v. WhipkeyOhio Court of Appeals · 1972
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