Village of Centerville v. Benbow

This is an appeal on questions of law from a judgment of the Common Pleas Court of Montgomery County sustaining defendant’s demurrer to the petition and, the plaintiff electing not to plead further, dismissing the action.

Defendant demurred on the ground that plaintiff’s petition failed to state a cause of action. The action was one for damages to an automobile owned by the village of Centerville. At the time of the collision the automobile was being driven by the village marshal acting in the course of his employment. The marshal, who was responding to an emergency call, collided with the…