BURGE v. PEPSI-COLA BOTTLING CO.

No. 70-577.

26 Ohio St. 2d 237 (1971)

BURGE ET AL., APPELLANTS, v. PEPSI-COLA BOTTLING CO. OF CINCINNATI, APPELLEE.

Supreme Court of Ohio.

Decided June 23, 1971.


Attorney(s) appearing for the Case

Messrs. Orth & Zier and Mr. Frank M. Zier, for appellants.

Messrs. McIntosh & McIntosh and Mr. Bruce B. McIntosh, for appellee.


HERBERT, J.

The issue presented in this appeal is whether reasonable minds might disagree upon the question of whether appellant Violet Burge was contributorily negligent.

Appellant's principal contention is that, even if her failure to observe the hazard otherwise constitutes contributory negligence, her concern over the activity of her grandchild distracted her attention and excused her failure to see the toolbox lid. In support of her argument that the...

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