Dowling v. Dayton Union Railway Co.

BY THE COURT

The questions presented are interesting and have been carefully and ably argued in the brief of counsel for plaintiff in error. We have examined the record, the brief and the opinion of Judge White of the trial court and are in accord with the theory upon which he determined the questions presented, the thorough manner in which he considered the case, the law cited in support of his position, and the conclusion reached in his opinion, which is reported in OLR, January 3, 1933, page 129.

We are satisfied that neither the petition nor the amended petition states a cause of action;…