Stange, Admr. v. Campbell Admr.

OPINION

By HILDEBRANT, J.

The common pleas court entered judgment on the pleadings for defendant, which is claimed here to be an error of law.

The suit is for wrongful death between the administrators of two decedents, the plaintiff’s decedent being a guest and the defendant’s decedent the operator of an automobile which collided with a street car, resulting in the death of both.

The second defense of the amended answer alleges that plaintiff failed to present to defendant’s administrator any claim within the four months prescribed by §10509-112 GC, and alleges such failure to be a bar to this…