Powell v. Montgomery

This is an appeal upon questions of law from a judgment of the Scioto County Court of Com mon Pleas awarding damages in favor of Ray E. Powell, Jr., plaintiff and appellee herein, and against Harold E. Montgomery, defendant and appellant herein. Trial was held prior to July 1, 1970, the effective date of the rules of civil procedure.

The parties will be hereafter referred to as they stood in the trial court. The suit arose as a result of a collision on April 23, 1966, between motor vehicles operated by the parties on state highway 335 in Scioto county. The petition alleged negligence on the…