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LAFFERTY v. BENGE

No. 368.

31 Ohio App. 2d 235 (1971)

LAFFERTY, APPELLEE, v. BENGE, APPELLANT.

Court of Appeals of Ohio, Warren County.

Decided March 22, 1971.

Attorney(s) appearing for the Case

Messrs. Cramer & Turkelson, for appellee.

Messrs. Holzfaster, Hoefling & Cecil, for appellant.

HILDEBRANT, J.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Warren County.

Lafferty, the plaintiff and appellee herein, agreed to construct a house for Benge, the defendant and appellant herein. On May 20, 1967, Lafferty was grading the real estate with a tractor to which a blade was attached. In order to remove the stump of a tree, Lafferty stood between the blade and...

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