Ohio Court of Appeals, 1938

Miller v. Star Co.

Miller v. Star Co.
Ohio Court of Appeals · Decided January 5, 1938 · Barnes, Geiger, Hornbeck
26 Ohio Law. Abs. 449; 1938 Ohio Misc. LEXIS 1284

Miller v. Star Co.

Opinion of the Court

OPINION

By THE COURT

The application for rehearing presents the interesting question as to whether, if a fact is to be established by clear and convincing evidence instead of by preponderance of the evidence, the rule laid down in Hamden Lodge v Ohio Fuel Gas Co., 127 Oh St controls.

We are of the opinion that it is controlling even though the evidence upon the issue must be clear and convincing. Application for rehearing denied.

BARNES, PJ, HORNBECK and GEIGER, JJ, concur.

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