Hunter v. Sheriff St. Market & Stor. Co.

155 N.E. 404, 23 Ohio App. 363, 4 Ohio Law. Abs. 386, 1926 Ohio App. LEXIS 484

• Court: Ohio Court of Appeals
• Decided: May 10, 1926
• Docket: 6519
• Status: Published

Opinion

WILLIAMS, J.

Mrs. Adam Hunter, while standing in an aisle of the building owned and opearted by the Sheriff St. Market Co., was injured by a truck being pushed along said aisle by an employee of a tenant in said building. It appears from the evidence that the company had complete control of all aisles in said building; that the operator of said truck attempted to stop it, but owing to the slippery condition of the floor said truck slid along same until it struck Hunter.

After all evidence was presented by Hunter, the company moved for a directed verdict, and said motion being granted, Hunter prosecuted error. The Court of Appeals held:

1. The general rule regulating the rights of the parities in this case is laid down in 112 OS. 122 which decides that if owner retains control of halls, etc., it is his duty to exercise ordinary care to keep same in a reasonably safe condition.

2. The aisle in which the collision occurred was under the control of the Company.

3. It was for a jury to determine whether or not such aisle was kept in safe condition by the company, and if not whether or not the condition was the proximate cause of the injury.

4. The court below erred in directing verdict.

Judgment reversed and cause remanded for new trial.

Judges Richards, Williams and Young of the Sixth Appellate District, sitting.