Legal Opinion

Borovitz v. American Hard Rubber Co.

District Court, N.D. Ohio

Decided March 10, 1923No. 11696PublishedCited by 12 opinions

At Law. Action by M. Borovitz, administrator of the estate of Pete Butorac, deceased, against the American Hard Rubber Company. On defendant’s demurrer to the petition.

1Opinion of the Court

WESTENHAVER, District Judge.

The question presented on this demurrer is the effect of the state of war between the United States and Austria-Hungary upon the two-year limitation imposed by the wrongful death statute of Ohio. Gen. Code Ohio, §§ 10772 and 10773 — 1. These sections require an action for wrongful death to be commenced within two years after the date of the death, but, if so commenced or attempted to be commenced within two years, and it fails otherwise than upon the merits, and the two years have expired, a new action may be commenced within a year after the date of such failure.

Pl…

2Cases cited3 opinions

  1. Hanger v. AbbottSupreme Court of the United States · 1868
  2. Siplyak v. DavisSupreme Court of Pennsylvania · 1923
  3. Star Fire Clay Co. v. BudnoCourt of Appeals for the Sixth Circuit · 1920

3Cited by12 opinions

  1. Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
  2. Chandlee v. ShockleyCourt of Appeals of Maryland · 1959
  3. Marcos v. United StatesUnited States Court of Claims · 1952
  4. Frabutt v. New York, Chicago & St. Louis R. CoDistrict Court, W.D. Pennsylvania · 1949
  5. PETERS v. McKAYOregon Supreme Court · 1951

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