Leesman v. Moser

*239OPINION

By ROSS, PJ.

Error to the Common Pleas Court of Hamilton County, wherein judgment was rendered in favor of the defendant following an instructed verdict at the close of the evidence for the plaintiff, a minor, who sued by hi-s next friend to recover damages for injuries received by such minor through the negligent operation of a truck by an employee of the defendant.

The evidence discloses that the defendant was engaged in certain excavation necessitating the use of a truck. On the day the injuries were received by the plaintiff the truck was parked on a public street, immediately in…