SMITH, P. J.
This is an appeal on questions of law from a judgment of the Common Pleas Court sustaining a motion of defendant-appellee for summary judgment and dismissing plaintiff-appellant's amended petition.
The action is for the wrongful death of plaintiff's decedent allegedly caused by defendant, a police officer of the city of Toledo, by unlawfully and deliberately assaulting the decedent with a pistol bullet. The amended petition sets forth a first...
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