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VILLAGE OF CENTERVILLE v. BENBOW

No. 2393.

102 Ohio App. 333 (1956)

VILLAGE OF CENTERVILLE, APPELLANT, v. BENBOW, APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided November 28, 1956.

Attorney(s) appearing for the Case

Mr. James T. Lynn, village solicitor, for appellant.

Messrs. Curtner, Brenton & O'Hara, for appellee.

WISEMAN, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Montgomery County sustaining defendant's demurrer to the petition and, the plaintiff electing not to plead further, dismissing the action.

Defendant demurred on the ground that plaintiff's petition failed to state a cause of action. The action was one for damages to an automobile owned by the village of Centerville. At

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