Mason v. Waters

The question before the court is whether the action brought by plaintiff was commenced, or attempted to be commenced, under Sections 2305.17 and 2305.19, Revised Code, within the two-year time limit for the commencement of actions for bodily injury under Section 2305.10, Revised Code.

Section 2305.17, Revised Code, at all times pertinent to this action, provided as follows:

“An action is commenced * * # as to each defendant, at the date of the summons which is served on him * * #.

“Within the meaning of such sections, an attempt to commence an action is equivalent to its commencement, when the…