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SMITH v. FRATERNAL ORDER OF EAGLES

No. 13156.

39 Ohio App. 3d 97 (1987)

SMITH, APPELLANT, v. FRATERNAL ORDER OF EAGLES, APPELLEE.

Court of Appeals of Ohio, Summit County.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Ted Chuparkoff, for appellant.

Edward H. Corbett, for appellee.

QUILLIN, P.J.

The question presented by this appeal is whether a landowner who attempts to remove a natural accumulation of ice and snow and thereby causes a condition more dangerous than before the attempted removal is protected by the general rule that a landowner has no duty to remove a natural accumulation of ice and snow. We hold the landowner is not so protected and therefore reverse the judgment of the trial court which granted a directed verdict for the landowner...

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