Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 16

Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...of the peace, under a subpoena as a witness, had occasion to use a privy, and without knowledge of the unsafe condition of said outbuilding and privy vault entered the same, and on account of its decayed and unsafe condition, the floor, without fault or negligence on her part, gave way and she was precipitated into said privy vault and was injured. I These conditions being alleged in the amended petition and admitted by the demurrer the question is, are the owners liable upon the statements made in the amended petition. It is apparent at once that there was no contractual relationship between the plaintiff in error and the defendants in error, and it is not contended that the right to recover is based on that relationship. It is con tended by plaintifl in error that the defendants in error, as owners ot said premises, owed her a duty to keep the same free from dangerous defects, and that such duty was created from the fact that said owners had control of that part of the premises where the accident occurred, and that, by the terms of leasing to the various tenants, said owners had undertaken to keep said premises in repair. On the other hand, it is contended by the defendants in error, the owners, that liability in such cases depends entirely on the question as to who invited the injured party on the premises; and that there is no implied warranty on the part of the owners to a guest, customer of the tenant, or one rightfully on said premises, that such premises are in a safe condition; that if an injury occurs on the premises then the injured person must look for redress to the person who invited him into such dangerous place. Liability of the owner or landlord to persons rightfully on the premises arises in two ways: First. Where, at...
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Product details

  • Paperback | 380 pages
  • 189 x 246 x 20mm | 676g
  • United States
  • English
  • black & white illustrations
  • 1236993594
  • 9781236993595