Collins v. Zimmerman

*241OPINION

By GEIGER, J.

This matter involves an appeal by the plaintiff-appellant from a judgment of the court below under date of January 12, 1943, wherein it is ordered that the defendant go hence without day and recover his costs. The judgment of the Court was based upon the verdict of the jury finding in favor of the defendant.

The petition alleges in substance that U. S. Route 42' runs north and .south from Xenia to Spring Valley in Greene County; that the defendant was engaged in the operation of trucks for hire; that on the 2nd of September, 1941, plaintiff was proceeding southwardly on…