Price v. Cox

This is an appeal on questions of law from a judgment of the Common Pleas Court of Hocking County dismissing the plaintiff’s petition at the close of plaintiff’s evidence, for failure of proof of an essential allegation of his petition. The plaintiff is seeking to recover damages resulting from a collision which occurred on January 20, 1953, between plaintiff’s automobile and a truck alleged to have been driven by the defendant.

The undisputed evidence discloses that plaintiff’s automobile at the time and place in question was struck by a flat- bottomed Chevrolet truck which had crossed the…