Per Curiam.
This is an appeal on questions of law from a judgment dismissing the petition after the sustaining of a demurrer thereto.
The pertinent allegations of the petition are as follows:
"On or about 11 p. m., Dec. 16, 1955, William Robertson, Jr., was a passenger in a 1948 Chevrolet sedan owned, under the exclusive control of, and driven by, said Rose Bell Smith, from Port Clinton to a parking lot adjoining Mill Street and near State Route...
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