
    No. 520
    CREW v. PENN. RY. CO.
    Ohio Appeals, 1st Dist., Hamilton Co.
    No. 2687.
    Decided March 1, 1926
    941. PRACTICE AND PROCEDURE— Where plaintiff has reason to believe answer is a sham and untrue, the proper recourse is a motion to strike from files.
    Attorneys — Washington T. Porter and H. C. Bolsinger for Crew; Maxwell & Ramsey and G. B. Moorman for Penn. R. R. Co.; all of Cincinnati.
   BUCHWALTER, P. J.

S.T. Crew, the owner of a garage along the Pennsylvania R. R. Co. right of way brought this action to recover damages' of the railroad Co. for a fire allaged to have been caused by sparks emitted from a passing locomotive operated by the company.

The company filed answer, which, in the contention of Crew is merely a sham and un-, true. He made no motion to strike- such answer, but after an adverse verdict filed motion for a judgment on the pleadings. Hamilton Common Pleas overruled this motion and entered judgment on the verdict.

On proceedings in error, the Court of Appeals held:

1. Where plaintiff has reason to believe that answer is a sham and untrue, motion to strike from files is the proper recourse.

Judgment of Common Pleas affirmed.  