Mielke v. Leeberson

We are called upon to decide only one question in this case, which is vital.

The Court of Appeals unanimously reversed the judgment of the Common Pleas Court. Two members of the Court of Appeals held that there should be a final judgment rendered in favor of defendant, while one member thereof was of the opinion that the case should be remanded to the Court of Common Pleas for a new trial.

Plaintiff and insurance company had brought their action upon the theory that plaintiff was the owner of the automobile which he was driving, and the sole basis of the judgment for defendant in the Court of…