Frank v. Markley

Opinion by

Mr. Justice Kephart,

In an evening in June, 1930, Dr. Prank accompanied Markley, as a guest, in his automobile from New Castle to Youngstown, Ohio. They spent the evening with some ladies, at a dance and at an eating house. They left at 3 o’clock in the morning; Markley was driving, and some two miles from Youngstown, Dr. Prank fell asleep. Markley himself later fell asleep, and the car ran off the road, crashing into a telegraph pole, with resultant injuries to Dr. Frank. In his action against Markley, the jury found in the latter’s favor and Dr. Frank presents but one question in…