SALEMI v. CONST. CORP.

No. 38934.

3 Ohio St. 2d 169 (1965)

SALEMI, APPELLEE, v. DUFFY CONSTRUCTION CORP., APPELLANT.

Supreme Court of Ohio.

Decided July 28, 1965.


Attorney(s) appearing for the Case

Messrs. Dudnik, Komito, Nurenberg, Plevin, Dempsey & Jacobson and Mr. Marshall I. Nurenberg, for appellee.

Messrs. Arter, Hadden, Wykoff & Van Duzer and Mr. Smith Warder, for Appellant.


O'NEILL, J.

The question presented to this court is whether the plaintiff was a business invitee or merely a licensee at the time when he fell into the excavation and was injured.

It is agreed that the plaintiff was not required by his contract to visit the construction site on a Sunday evening when no work was in progress and no other person was present on the premises. It is agreed that no work was done on...

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