Fout v. Secrets

Plaintiff, appellant herein, appeals on questions of law from the judgment of the Court of Common Pleas sustaining a demurrer to his amended petition and, upon his declining to plead further, dismissing the action.

Plaintiff alleges the wrongful death of his decedent, Orlyn W. Fout, as a result of injuries received while riding with defendant in the latter’s automobile. The essential allegations of the amended petition are more fully set forth below.

The first three assignments of error complain of the rulings of the court sustaining motions to strike certain allegations from the original…