Seward v. Schmidt

OPINION

By BARNES, J.

The above entitled cause is now being determined as an error proceeding by reason of defendant’s appeal on questions of law from the judgment of the Court of Common Pleas of Clark County, Ohio.

The action was one for personal injuries claimed to have been sustained by plaintiff through defendant’s alleged negligent operation of his automobile.

*687On October 30, 1937, at about 11:00 o’clock P. M., the defendant was driving his automobile east on West Main Street (U. S. Route 40), near Dakota Street, in the City of Springfield. Plaintiff was on the north sidewalk. He saw some…