Benning v. Schlemmer

OPINION

By ROSS, PJ.

Appeal on questions of law from the Court of Common Pleas of Hamilton County, Ohio.

The plaintiff was the father of a seven year old boy who died of injuries received when he was struck by a truck operated in the service of the defendant upon a public highway in Indiana at about 4:30 P. M., on the 7th day of February, 1935.

The plaintiff sues by virtue of a statute oí Indiana permitting such an action.

The record discloses that the boy with a number of other children was being conveyed from school to his home in a vehicle described as an Oakland Sedan Taxicab. When the vehicle…