Martin v. Cushman Motor Delivery Co.

Ohio Court of Appeals

Martin v. Cushman Motor Delivery Co.

266 N.E.2d 579, 25 Ohio App. 2d 97, 54 Ohio Op. 2d 174, 1970 Ohio App. LEXIS 391

CourtOhio Court of Appeals

DecidedJune 29, 1970

Docket11178

StatusPublished

Cited by1 cases

This text of 266 N.E.2d 579 (Martin v. Cushman Motor Delivery Co.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Cushman Motor Delivery Co., 266 N.E.2d 579, 25 Ohio App. 2d 97, 54 Ohio Op. 2d 174, 1970 Ohio App. LEXIS 391 (Ohio Ct. App. 1970).

Pincite

Opinion

Per Curiam.

This is an appeal upon questions of law from an order of the Court of Common Pleas of Hamilton County granting summary judgment in favor of the defendant as to the claim of Shirley Martin only.

Examination of the pleadings, depositions and affidavits, which constitute the matter upon which the court below relied in disposing of the motion for summary judgment, convinces us that there exist genuine issues of material fact.

The granting of judgment as a matter of law where such issues exist is violative of R. C. 2311.041.

Therefore, the judgment of the Court of Common Pleas is reversed and the cause remanded for further proceedings according to law.

Judgment reversed.

Shanncn, P. J., Hildebbant and Hess, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI