Johnson v. Cleveland, C. C. & St. L. Ry.

Citations

• 33 Ohio C.C. Dec. 341
• 21 Ohio C.C. (n.s.) 268

Syllabus

<p>DEATH — RES ADJUDICATA</p> <p>Action for Wrongful Death not Barred by Prior Action for Personal Injury.</p> <p>Although it appears that an action for wrongful death is based upon the same state of facts upon which a former action by dev : cedent for personal injuries was based, the doctrine of res adjudioata does not apply unless it further appears that the issues are identical in the two actions.</p>