BUCKLEY v. PORTSMOUTH

No. 35576.

168 Ohio St. 513 (1959)

BUCKLEY, APPELLEE, v. CITY OF PORTSMOUTH, APPELLANT.

Supreme Court of Ohio.

Decided February 18, 1959.


Attorney(s) appearing for the Case

Messrs. Bannon, Howland & McCurdy, for appellee. Mr. Edward V. Leach, Jr., city solicitor, and Mr. Earl E. Stephenson, for appellant.


Per Curiam.

A reversal of the judgment of the Court of Appeals is warranted by either of two grounds presented by the record in this case.

Plaintiff testified that he had passed the cover in question at least once a day for four or five months prior to the accident, and that he did not know of the alleged defect. He testified also that he walked the picket line for 20 minutes prior to the accident, was relieved from duty for a time and, shortly after...

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