Applegate v. Harshman

This is an appeal on questions of law from a judgment in favor of Mildred L. Applegate, Administratrix of the Estate of Idean S. Applegate, her deceased husband who was killed September 1, 1959, when thrown from his motorcycle while riding in a southerly direction on a township road in Southington Township, Trumbull County.

It is claimed that the motorcycle hit a hole in the blacktop pavement, which hole was some distance ranging between seventy-five and one hundred twenty-five feet south of the crest of a hill. The hole in question was perhaps three feet in length and five inches at its…