Darling v. Home Gas & Appliances, Inc., s. 37777
| Decision Date | 23 October 1963 |
| Docket Number | Nos. 37777,37778,s. 37777 |
| Citation | 193 N.E.2d 391,175 Ohio St. 250 |
| Parties | , 24 O.O.2d 414 DARLING, Appellant. v. HOME GAS & APPLIANCES, INC., et al., Appellees. HARDY et al., Appellants, v. FRANK WILLIAMS TRANSFER & STORAGE CO. et al., Appellees. |
| Court | Ohio Supreme Court |
Anderson, Will & O'Donnell, Mansfield, for appellants.
Gongwer, Murray & Brown, Mansfield, for appellees.
This court allowed motions to certify the records in these causes (January 30, 1963) for the purpose of re-examining its previous decisions holding that a plaintiff cannot join a master and his servant as defendants in an action to recover for damages caused by the negligence of the servant. See French, Adm'r v. Central Construction Co., 76 Ohio St. 509, 81 N.E. 751, 12 L.R.A., N.S., 669. Thereafter, the General Assembly enacted Section 2307.191, Revised Code (see Senate Bill No. 39, effective August 26, 1963). This statute permits such joinder. Hence, the question which we considered as being of public and great general interest no longer is such in this state.
It we should dismiss these appeals on the ground that a question of public or great general interest is no longer involved (cf. Williamson v. Rubich, 17 Ohio St. 253, 168 N.W.2d 876), plaintiffs' causes would have failed 'otherwise than upon the merits' within the meaning of Section 2305.19, Revised Code, and new actions could be commenced in accordance with the provisions of that statute. In such new actions, Section 2307.191, Revised Code, would be applicable. Hence, there would be no substantial prejudice to the parties in these causes by our dismissal of the appeals on the ground that questions of public or great general interest are no longer involved. The appeals are, therefore, dismissed on that ground.
Appeals dismissed.
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Ryan v. Mackolin
...St. 171, 198 N.E.2d 448. But, see Henderson v. Ryan, 13 Ohio St.2d 31, 233 N.E.2d 506. Compare, however, Darling v. Home Gas & Appliances, Inc., 175 Ohio St. 250, 193 N.E.2d 391, which recognized that joinder of master and servant as defendants was authorized by Section 2307.191, Revised Co......
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Gruber v. KOPF BLDRS., INC
...4, 1999), Cuyahoga App. No. 75238, 1999 WL 1000518. The same reasoning applies to the case of Darling v. Home Gas & Appliances, Inc. (1963), 175 Ohio St. 250, 24 O.O.2d 414, 193 N.E.2d 391, in which the court's dismissal was the first such {¶ 18} Appellant also cites the case of LaBarbera v......
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Metheney v. Mr. Bult's Inc.
...163 Ohio St. at 496. After Shaver, however, the Ohio Legislature enacted Ohio Revised Code § 2307.191. See Darling v. Home Gas & Appliances, Inc, 175 Ohio St. 250, 250-51 (Ohio 1963). This new provision altered Ohio law, allowing a plaintiff to join a primarily liable defendant and a second......
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Ohio Fair Plan Underwriting Ass'n v. Goldstein
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