Smith v. Cushman Motor Delivery Co.

OPINION

By MATTHEWS, J.

This case comes into this court on appeal on questions of law from a judgment of the Court of Common Pleas of Hamilton County in favor of the plaintiff. The action is one for wrongfully causing death. The jury found a general verdict in favor of the plaintiff, the court overruled the defendant’s motion for a new trial and rendered judgment on the general verdict.

The parties went to trial upon a second amended petition and the answer thereto. From this second amended petition and the evidence it appears that the death resulted from injuries received in a collision between…