Legal Opinion

Zalewski v. Yancey

Ohio Court of Appeals

Decided May 28, 1956No. 4919PublishedCited by 7 opinions

1Opinion of the CourtFess, J.

A motion to strike a number of allegations from the petition was treated, by consent of the parties, as a demurrer and was sustained. Plaintiff having elected not to plead further, the petition was dismissed. From such judgment, plaintiff appeals on questions of law.

In substance, the petition alleges that defendant took plaintiff as a guest to a social affair at Sunningdale Golf Club, where they played golf, and, before and after dinner, defendant consumed a number of drinks, “so that when defendant started to drive the plaintiff home about 12:40 a. m., he was under the influence of…

2Cases cited18 opinions

  1. Scott v. GardnerTexas Supreme Court · 1941
  2. Tighe v. DiamondOhio Supreme Court · 1948
  3. Universal Concrete Pipe Co. v. BassettOhio Supreme Court · 1936
  4. Powell v. BerrySupreme Court of Georgia · 1916
  5. Walldren Express & Van Co. v. KrugIllinois Supreme Court · 1920

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3Cited by7 opinions

  1. Lee v. Kiku RestaurantSupreme Court of New Jersey · 1992
  2. O'NEILL v. HenkeNebraska Supreme Court · 1959
  3. Kemock v. the Mark IIOhio Court of Appeals · 1978
  4. Tome v. Berea Pewter Mug, Inc.Ohio Court of Appeals · 1982
  5. Gossett v. JacksonOhio Court of Appeals · 1965

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