MILLIGAN, J.
The Stark County Court of Common Pleas, upon motion for summary judgment by the defendant, sustained the motion and dismissed the personal injury action of plaintiff. He appeals, assigning a single error:
"The court of common pleas erred when it granted summary judgment to defendant the Lawson Company, in that plaintiff's pleadings and deposition testimony demonstrate that there are questions of fact present which are only within the province...
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