Marchal v. Frankman

*340OPINION

By GEIGER, J.

This matter is before this Court on an appeal on questions of law from a decision of the Court below based upon a verdict of the jury, finding in favor of the defendant.

In the Court below there were a number of preliminary motions, none of which affects the case in this Court. A second amended petition is filed, which was further amended at bar before the trial.

Plaintiff is the administrator of the estate of E. F. O’Neil by appointment of the Probate Court of Darke County. He alleges that on the 28th day of October, 1941, at about 6:45 P. M., the decedent O’Neil was riding…