Cundari v. Boomershine

OPINION

By BODEY, J.

This is an error proceeding from the Common Pleas Court. The parties occupy the same situations as below and reference will be made to them as they there appeared.

In his amended petition the plaintiff alleges in substance that on July 18, 1933 at about 6:30 P. M. he was a passenger in a truck then being operated by one Frank Tschirhart in a northerly direction on Delphos Avenue in the city of Dayton; that as said truck in which plaintiff was riding *17was about three quarters of the distance across the intersection of Delphos Ave. and Hoover Ave., the automobile owned and…