PETREE, P. J.
This is an appeal on questions of law from the Common Pleas Court of Franklin County, wherein the plaintiff, appellant herein, claims that the court erred in sustaining the motion of the defendant, appellee herein, to arrest the case from the jury and for judgment on the opening statement. Most of the questions presented here have been determined by the Supreme Court in Avellone v. St. John's Hospital,
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