DAY, C. J.
This case comes here after a motion to quash was sustained and judgment for the defendant entered in the trial court. Appellant filed timely notice of appeal.
Appellant assigns one error, in effect, and states the claimed, controlling proposition of law in these terms:
"Where agents, servants and employees of the state of Ohio commit negligence, carelessness, and wanton and reckless misconduct as a result of which injury and death occur...
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