KLEIN v. CITY OF CINCINNATI

No. 7498.

92 Ohio App. 119 (1952)

KLEIN, APPELLANT, v. CITY OF CINCINNATI, APPELLEE.

Court of Appeals of Ohio, Hamilton county.

Decided February 18, 1952.


Attorney(s) appearing for the Case

Mr. John P. Strother and Mr. Sheppard I. Klein, for appellant.

Mr. Henry M. Bruestle, city solicitor, Mr. J. B. Grause, Jr., and Mr. William A. McClain, for appellee.


Per Curiam.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Hamilton County, rendered in conformity to a verdict instructed for the defendant at the close of plaintiff's evidence.

The action was for personal injuries received by the plaintiff when he fell into a hole while attempting to cross a street in the city of Cincinnati in the nighttime.

There was substantial, if not conclusive, evidence that the...

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