Daley v. Sears, Roebuck & Co.

JONES, Chief Judge.

This is an action for damages for personal injury allegedly caused by defendant’s negligence.

Plaintiff commenced an earlier action involving the same parties and facts in the Common Pleas Court of Cuyahoga County. This action was removed to this Court, and was dismissed upon motion of defendant because the complaint failed to state a cause of action. The basis for dismissal was that Ohio law created no liability in the defendant upon the facts stated. Daley v. Sears, Roebuck & Co., D.C.N.D., 90 F. Supp. 561. Plaintiff made no further attempt to amend his petition but…