KERNS, J.
This is an appeal on questions of law from a judgment of the Court of Common Pleas of Montgomery County.
On October 15, 1959, the plaintiff Velma S. Cook, filed a potion in the Court of Common Pleas, the pertinent allegations of which are as follows:
"The plaintiff says that on December 16, 1957, at about the hour of 6:30 p. m., she was driving a 1957 Mercury automobile westwardly on U. S. route 35, in Greene County, Ohio.
"The plaintiff...
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