Legal Opinion

Krause v. State

Ohio Court of Appeals

Decided September 30, 1971No. 30880PublishedCited by 20 opinions

1Opinion of the CourtDay, C. J.

This case comes here after a motion to quash was sustained and judgment for the defendant entered in the trial court. Appellant filed timely notice of appeal.

Appellant assigns one error, in effect, and states the claimed, controlling proposition of law in these terms:

“Where agents, servants and employees of the state of Ohio commit negligence, carelessness, and wanton and reckless misconduct as a result of which injury and death occur to an innocent victim, the heirs and estate of that victim have the right to recover damages against the state of Ohio, and such action is not barred by the…

2Cases cited10 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Dalehite v. United StatesSupreme Court of the United States · 1953
  4. Chisholm v. GeorgiaSupreme Court of the United States · 1793
  5. Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961

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3Cited by20 opinions

  1. Reich v. State Highway DepartmentMichigan Supreme Court · 1972
  2. James v. Prince George's CountyCourt of Appeals of Maryland · 1980
  3. Hutchinson v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1971
  4. Roberts v. State of CaliforniaCalifornia Court of Appeal · 1974
  5. Kriger v. South Oakland County Mutual Aid PactMichigan Court of Appeals · 1973

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