HUNTER v. CLEVELAND

No. 75-592.

46 Ohio St. 2d 91 (1976)

HUNTER ET AL., APPELLEES, v. CITY OF CLEVELAND, APPELLANT.

Supreme Court of Ohio.

Decided April 28, 1976.


Attorney(s) appearing for the Case

Stewart & DeChant Co., L. P. A., and Mr. George J. Frantz, for appellees.

Mr. James B. Davis, law director, and Mr. Thomas A. Smith, for appellant.


Per Curiam.

The principal question presented in this cause is whether the city had notice that the barricades and lanterns it places around excavations are habitually removed, leaving the excavations unguarded.

Before reaching that issue, two initial observations should be made.

First, the plaintiff Michael Hunter was six years old at the time of the accident. As such, he is conclusively presumed to be incapable of negligence. DeLuca...

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