Tuttle v. Furi

Citations

• 33 Ohio C.C. Dec. 626
• 22 Ohio C.C. (n.s.) 388

Syllabus

<p>DAMAGES — INFANTS—PLEADING—TRIAL</p> <p>1. Defects in Title and Verification of Petition Waived by Answer.</p> <p>When defendant files an answer she thereby waives any formal defects in the petition such as failure to use her Christian name in the caption or the proper verification of the petition.</p> <p>2. Objection to Introduction of Any Evidence for Insufficiency of Petition.</p> <p>Objection to the introduction of any evidence on the ground that the petition does not state a cause of action does not operate as an objection to evidence in support of an allegation in the petition which might have been eliminated from the petition by motion.</p> <p>3. Statutes Authorizing Suits for Infants by Next Friend, Constitutional.</p> <p>Sections 4998 R. S. et seq. (Secs. 7477 G. C. et seq.), providing that actions may be brought on behalf of án infant by its next friend are constitutional even though such next friend has not been designated or appointed by the infant or the court and is not responsible financially.</p> <p>4. Damages in Suit by Next Friend for Injury to Infant.</p> <p>Damages which may be recovered on behalf of an infant in an action by its next friend may not include' care and medical attendance or other items for which the parent is responsible.</p> <p>5. When Damages Erroneously Allowed not Cured by Remittitur.</p> <p>When the court has erroneously permitted the jury to include certain items of damages in their verdict the error is not cured by a remittitur when there is nothing to show that the amount remitted was the amount which the jury may have awarded because of those items.</p>