Ohio Court of Appeals December 4, 1940, No 1645 (Hoyne v. Buckeye Union Casualty Co.)

OPINION

By GEIGER, J..

This cause had its inception in the Municipal Court of the City of Dayton. It was tried before the judge without the intervention of a jury upon an Agreed Statement of Facts.

*223The statement of claim was to the effect that Edward Hoyne, a.b.a.