BROWN, J.
This is an appeal from a judgment of the Common Pleas Court of Scioto County in a negligence action wherein plaintiff, appellee herein, recovered a verdict of $40,000 from defendant, appellant herein. A motion for a new trial having been overruled, this appeal ensued.
The facts are as follows: On October 20, 1961, at about 9 in the evening, on State Route 139 in Scioto County, Ohio,
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