Robinson v. Commercial Motor Freight, Inc.

Two basic questions of law are interposed by the appellant.(1) Did the judgment of the Court of Appeals, affirming the judgment of the Court of Common Pleas treating the demurrer as a motion to dismiss, constitute prejudicial error?(2) Did the Court of Appeals err to the prejudice of the appellant by affirming the judgment of the Court of Common Pleas sustaining the motion to dismiss the petition on the ground that the action was not commenced before the expiration of the period..of the statute of limitations?

The first assignment of error is overruled. The plaintiff did not object to the…