JOHNSON, J.
The parties will be referred to hereafter as they appeared in the trial court.
Plaintiff filed his petition in the district court of Marshall county, Oklahoma; the pertinent part thereof being paragraphs two and three which read as follows:
"That on or about the 22nd day of February, 1948, plaintiff was driving his automobile, ... at about 2:00 a.m. in an easterly direction down the main street of Madill, Oklahoma, and the same collided...
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