Slicker v. Seccombe

SHERICK, PJ,

At the conclusion of the plaintiff’s opening statement, the defendant moved for judgment on the pleadings and opening statement. This motion the court overruled. Of this ruling the defendant now complains. The ground advanced for the sustaining of this motion was that the plaintiff could only recover upon averment and proof of a wilful and wanton tort on the part of the defendant. This motion was properly overruled, for the reason that the averment of the defendant’s answer, that the plaintiff’s wife was guilty of negligence per se in riding ' on the running board of the car,…