TAPHORN v. CITY OF CINCINNATI

No. 7805.

96 Ohio App. 454 (1953)

TAPHORN ET AL., D. B. A. LITTLE MISSES SWEET SHOP, APPELLEES, v. CITY OF CINCINNATI, APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided December 14, 1953.


Attorney(s) appearing for the Case

Mr. Anthony P. Conlon, for appellees.

Mr. Henry M. Bruestle, city solicitor, Mr. J. B. Grause, Jr., and Mr. Edgar W. Holtz, for appellant.


HILDEBRANT, J.

The city water main under the sidewalk in front of plaintiffs' place of business, known as "Little Misses Sweet Shop," at No. 2113½ Beechmont Avenue, burst, flooding the basement and damaging equipment incident to their candy and ice cream business and other contents thereof. A judgment for plaintiffs entered on a jury verdict is the subject of this appeal on questions of law.

The principal error assigned is the failure of the court to...

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