Whitney v. Niehaus

This is a proceeding in error to reverse a judgment of the court of common pleas in sustaining a demurrer of the defendants, the commissioners of Hamilton county, to an amended petition of plaintiff, Josephine Whitney, and dismissing said defendants at the plaintiff’s costs.

Briefly stated, the plaintiff’s petition and amended petition counted on negligence of the defendants as joint tort feasors, whereby she suffered grave personal injuries while driving a horse and buggy along the Lawrenceburg and Harrison road in Whitewater township, Hamilton county. After setting out the official capacity…