Ohio Supreme Court March 18, 1936, 25398 (City of Toledo v. Brown)

Jones, J.

This cause presents two legal phases for consideration: (1) Whether Brown’s petition states a good cause of action; and (2) if so, whether the defenses of the city and railroad company, pleaded in avoidance, constitute a legal bar to the action of plaintiff. The controlling facts are found in the statement of the case and will be alluded to in the course of this opinion.