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RICKS v. JACKSON

No. 35739.

169 Ohio St. 254 (1959)

RICKS, APPELLEE, v. JACKSON, APPELLANT.

Supreme Court of Ohio.

Decided May 27, 1959.

Attorney(s) appearing for the Case

Messrs. Meredith, Meredith & Tait and Mrs. Mary F. Abel, for appellee.

Messrs. Hover, Smith & Shellhaas, for appellant.

TAFT, J.

In the absence of evidence that a person knew of a danger or that the danger was so obvious that he must be taken to have known of it, it cannot be held that such person assumed the risk of injury from such danger. Morris v. Cleveland Hockey Club, Inc., 157 Ohio St. 225, 240, 105 N.E.2d 419; Masters v. New York Central Rd. Co., 147 Ohio St. 293, 301, 70 N.E.2d 898; Prosser on the Law of Torts...

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