McKinley v. Niederst

Ohio Supreme Court

McKinley v. Niederst

6 Ohio Law. Abs. 205

CourtOhio Supreme Court

DecidedMarch 21, 1928

DocketNo. 20785

StatusPublished

This text of 6 Ohio Law. Abs. 205 (McKinley v. Niederst) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKinley v. Niederst, 6 Ohio Law. Abs. 205 (Ohio 1928).

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Opinion

MARSHALL, CJ.

1. The owner of an apartment house being rented to several tenants with halls and stairways in common owes no common law duty to keep such halls and staiiways lighted during the night season.

2. The testimony of a plaintiff, tenant in an apartment house housing several tenants with halls and stairways in common that she passed out of her apartment into a hallway in total darkness, with full knowledge of the existence of a stairway leading downward only a few steps from the door of her apartment and proceeded forward in the direction of such stairway seeking to descend the same and fell to her injury raises an inference of negligence on her part, which, in the absence of any evidence tending to refute such inference, justifies the trial court in directing a veidict in defendant’s favor.

(Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., concur.)

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MARSHALL, CJ.

1. The owner of an apartment house being rented to several tenants with halls and stairways in common owes no common law duty to keep such halls and staiiways lighted during the night season.

2. The testimony of a plaintiff, tenant in an apartment house housing several tenants with halls and stairways in common that she passed out of her apartment into a hallway in total darkness, with full knowledge of the existence of a stairway leading downward only a few steps from the door of her apartment and proceeded forward in the direction of such stairway seeking to descend the same and fell to her injury raises an inference of negligence on her part, which, in the absence of any evidence tending to refute such inference, justifies the trial court in directing a veidict in defendant’s favor.

(Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., concur.)

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Bluebook (online)

6 Ohio Law. Abs. 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinley-v-niederst-ohio-1928.