Sexton v. New York Central Railroad

This is an appeal on questions of law from the Common Pleas Court of Madison County, Ohio. The facts of the case are quite simple.

On January 29, 1959, four days before the time expired for commencing the action, the plaintiff, appellant herein, filed a petition for damages for injuries received as a result of a crossing collision which occurred on February 1, 1957.

On February 28, 1959, the defendant, appellee herein, filed a motion to quash the service of summons because the praecipe therefor did not direct the clerk to endorse on the summons the amount for which judgment was sought. The…