Kroger Co. v. McCarty

This is an appeal on questions of law from the judgment of the Common Pleas Court of Preble County, entered on a verdict returned in favor of the plaintiff.

The action grew out of a collision between a tractor-trailer, owned and operated by the plaintiff, The Kroger Company, and a Pontiac automobile, owned and operated by the defendant, Herbert McCarty, at about 2:30 a. m. on August 9,1956, on U. S. route No. 127, about four miles south of Eaton in Preble County, Ohio.

In its amended petition plaintiff alleges that its tractor-trailer was being driven in a northerly direction; that the…