Moss v. Hirzel Canning Co.

The Common Pleas Court sustained a demurrer of defendant to plaintiff’s petition, dismissed the petition and entered judgment against plaintiff, from which this appeal is taken on questions of law.

Plaintiff alleges that he is the surviving spouse of Yvonne Moss; that on September 24, 1954, a motor truck of defendant, then being operated by its agent and employee and in a negligent manner, collided with an automobile in which Yvonne Moss was then riding as a passenger at the intersection of Bradner and Hanley Roads in Wood County; that Yvonne Moss was fatally injured and died almost…