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WHITE v. HARVEY

No. 35920.

170 Ohio St. 262 (1960)

WHITE, APPELLANT, v. HARVEY, ADMR.; WHITNER, APPELLEE.

Supreme Court of Ohio.

Decided January 20, 1960.

Attorney(s) appearing for the Case

Mr. John G. Rust, for appellant.

Messrs. Ritter, Boesel, Holden & Smith, for appellee.

Per Curiam.

Driving while intoxicated will not usually be sufficient in itself to justify submission to the jury of the question whether such driving amounted to wanton or willful misconduct. See O'Rourke, Admx., v. Gunsley, 154 Ohio St. 375, 96 N.E.2d 1.

However, the petition in the instant case alleges:

(1) That defendant Whitner knew

(a) that vehicles were often parked on the paved...

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