PLAS v. H. CONST. CO.

No. 32655.

157 Ohio St. 95 (1952)

PLAS, APPELLANT, v. THE HOLMES CONSTRUCTION CO., INC., APPELLEE.

Supreme Court of Ohio.

Decided March 12, 1952.


Attorney(s) appearing for the Case

Messrs. Levin & Levin, for appellant.

Messrs. Myers, Horan & Ashenhach, Messrs. Baker, Hostetler & Patterson, Mr. William F. Marsteller and Mr. Sam S. Fitzsimmons, for appellee.


MATTHIAS, J.

The plaintiff has assigned numerous errors which he claims were prejudicial to him in the trial of this cause. The admission of certain evidence and instructions to the jury on assumption of risk and contributory negligence are the principal grounds of complaint. The contention is made that the plaintiff was a so-called "frequenter," that the doctrine of assumption of risk cannot be applied in his action against...

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