KINMAN v. R. K. O.

No. 36311.

171 Ohio St. 72 (1960)

KINMAN, APPELLEE, v. R. K. O. CINCINNATI MIDWEST CORP., D. B. A. R. K. O. ALBEE THEATER, APPELLANT.

Supreme Court of Ohio.

Decided June 1, 1960.


Attorney(s) appearing for the Case

Messrs. Waite, Schindel, Bayless & Schneider, for appellee.

Messrs. Rendigs, Fry & Kiely and Mr. Don Burkholder, for appellant.


Per Curiam.

Throughout her argument, the plaintiff urges that, in descending the stairs, she stepped into a "depression," "cavity," or "hole" caused by the "worn" condition of the carpeting on one of the steps. Although not specifically stated, it is apparently her contention that an accelerated rate of wear of the carpet as compared with that of the "rubber" or "plastic" nosing of the stair caused a lower area to exist between it and the riser. However, a...

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