Galloway v. Columbus-Broad Corp.

OPINION

By BARTLETT. J.

MOTION FOR LEAVE TO FILE AN AMENDED PETITION IS SUSTAINED, ON CONDITION PLAINTIFF PAY THE COSTS INCIDENT TO THE FILING OF THE DEFECTIVE PETITION, THE MOTION AND JUDGMENT ON THE PLEADINGS.

Previously the Court sustained a motion for judgment on the petition in favor of defendant on the ground that ultimate facts averred in the petition established, as a matter of law, the contributory negligence of the plaintiff.

*316Subsequently, the motion was filed, requesting leave to file an amended petition.

“3. Where a motion for judgment on the pleadings is made before trial and at a…