MATTHIAS, J.
The facts constituting the basis of the plaintiff's claim may be briefly stated as follows:
The plaintiff on or about March 16, 1946, was a truck driver employed by the defendant. On the evening of that day he, by truck, transported a load of petroleum products from Cleveland to Middlefield, Ohio, and returned to Cleveland early in the morning of Sunday, March 17. He entered Cleveland on Kinsman avenue, returned to the bulk plant of the defendant...
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