Tipton v. Willey

The plaintiff below, by an amended petition in the Court of Common Pleas, sought to recover damages for personal injuries inflicted upon him by a third person because of the claimed negligence of the defendant. A demurrer was interposed, sustained by the trial court, and judgment entered thereon. To reverse that judgment error is prosecuted to this court. The sole question here is whether the petition stated sufficient facts to constitute a cause of action.

The petition recites that the defendant was engaged in transporting school children of the Gallipolis city district by motorbus over a…