Robertson v. Havens

This is an appeal on questions of law from a judgment dismissing the petition after the sustaining of a demurrer thereto.

The pertinent allegations of the petition are as follows:

‘•On or about 11 p. m., Dec. 16, 1955, William Robertson, Jr., was a passenger in a 1948 Chevrolet sedan owned, under the exclusive control of, and driven by, said Rose Bell Smith, from Port Clinton to a parking lot adjoining Mill Street and near State Route 19 in the village of Oak Harbor, Ohio. On arriving at said parking lot, but before Rose Bell Smith had turned off the engine of said vehicle, carbon monoxide gas,…