May Coal Co. v. Robinette

Ohio Supreme Court

May Coal Co. v. Robinette

7 Ohio Law. Abs. 173

CourtOhio Supreme Court

DecidedMarch 6, 1929

DocketNo 21334

StatusPublished

This text of 7 Ohio Law. Abs. 173 (May Coal Co. v. Robinette) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

May Coal Co. v. Robinette, 7 Ohio Law. Abs. 173 (Ohio 1929).

Pincite

Opinion

Syllabus by

ALLEN, J.

DECEDENTS’ ESTATES-Actions (10 B)

(220 E) Sections 10770 and 10772, General Code, give an independent right of action for benefit of the persons named in Section 10772, where death has resulted from the injuries, to recover for such pecuniary injury resulting from such death, where such right arises fronj an act. neglect or [174]*174default, such] as would have entitled such person to maintain an action and recover damages in respect thereof, if death had not ensued.

2. The two actions, although prosecuted by the same personal representative, are not in the same right, and hence a judgment for the defendant in one case is not a bar to a recovery in the other.

Marshall, CJ, Kinkade, Robinson, Jones, Matthias and Day, JJ, concur.

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