City of Dayton v. Smith

Defendant appeals on questions of law from a judgment rendered against him by the Dayton Municipal Court for $128.16 damages to a police cruiser.

It appears from the evidence that defendant’s Plymouth convertible automobile was proceeding eastwardly, and a Ford police cruiser driven by Sergeant' James F. Thomas, while on official business, was proceeding westwardly on Otterbein Avenue, on April 6, 1957, when the left front corners of the two vehicles collided.

A Nash automobile was parked along the south curb. The defendant was proceeding to pass to the north of this parked car. He said he…