Williams v. Marion Rapid Transit, Inc.

The question of law presented to this court is stated, in the brief of the plaintiff, as follows: “Is a viable' child, injured while en ventre sa mere, who survives such injury, without remedy under the law of Ohio for permanent injuries suffered by reason of the negligence of another?”

The defendant in its brief states the issue as follows: “Does there exist in Ohio a right of action by an infant for alleged injuries caused by the alleged negligence of another to said infant while in its mother’s womb?”

No such question has at any time heretofore been presented to this court.

An averment in the…