Price v. Dot's Super Market, Inc.

Ohio Court of Appeals

Price v. Dot's Super Market, Inc.

29 Ohio Law Rep. 53

CourtOhio Court of Appeals

DecidedDecember 16, 1964

Docket38487

StatusPublished

This text of 29 Ohio Law Rep. 53 (Price v. Dot's Super Market, Inc.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Price v. Dot's Super Market, Inc., 29 Ohio Law Rep. 53 (Ohio Ct. App. 1964).

Pincite

Opinion

Appeal from the Court of Appeals for Montgomery County. Griffith, Judge.

Where a customer in a store is injured when a board covering an open channel in the floor gives way in an area traversed by many customers on the day of the injury, it is just as reasonable to infer that the dangerous condition causing the injury resulted from an act of a customer as to infer negligence on the part of the storeowner, and the doctrine of res ipsa loquitur is not applicable.

Judgment reversed.

Taft, C. J., Zimmerman, O’Neill and Gibson, JJ., concur. Matthias and Herbert, JJ., dissent.

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Appeal from the Court of Appeals for Montgomery County. Griffith, Judge.

Where a customer in a store is injured when a board covering an open channel in the floor gives way in an area traversed by many customers on the day of the injury, it is just as reasonable to infer that the dangerous condition causing the injury resulted from an act of a customer as to infer negligence on the part of the storeowner, and the doctrine of res ipsa loquitur is not applicable.

Judgment reversed.

Taft, C. J., Zimmerman, O’Neill and Gibson, JJ., concur. Matthias and Herbert, JJ., dissent.

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Bluebook (online)

29 Ohio Law Rep. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-dots-super-market-inc-ohioctapp-1964.