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ARCHER v. CITY OF PORT CLINTON

No. 39535.

6 Ohio St. 2d 74 (1966)

ARCHER ET AL., APPELLANTS, v. CITY OF PORT CLINTON, APPELLEE.

Supreme Court of Ohio.

Decided April 13, 1966.

Attorney(s) appearing for the Case

Mr. Thomas L. Corogin, for appellants.

Mr. Adair Wilber, city solicitor, for appellee.

SCHNEIDER, J.

The question of law involved is whether, where the evidence is undisputed that a pedestrian (1) has present knowledge of a dangerous condition in the curb of a city street, (2) departs from a safe path along a driveway into the area beyond the driveway and near the curb where the danger lies unseen under fallen snow, and (3) takes no precaution to avoid it, such conduct of the pedestrian constitutes contributory...

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