Penny v. Thurman

Hess, P. J,

This is an appeal from a judgment rendered by the Court of Common Pleas of Hamilton County against the defendant, appellant herein, and from an entry overruling defendant’s motion for a new trial.

There is no material dispute on the facts. The plaintiff, appellee herein, was a passenger in an automobile wMch was struck in the rear by another auto operated by the defendant. During the trial the plaintiff testified that she had been examined by a Dr. Berning at the request of the defendant. Following the conclusion of the plaintiff’s case in cMef, the defendant offered no testimony…