CASH v. CITY OF CINCINNATI

No. 80-929.

66 Ohio St. 2d 319 (1981)

CASH, APPELLANT, v. CITY OF CINCINNATI ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 10, 1981.


Attorney(s) appearing for the Case

Mr. Dennis A. Becker, for appellant.

Mr. Richard A. Castellini, city solicitor, Mr. Daniel J. Schlueter and Ms. Nancy H. Simmons, for appellee city of Cincinnati.

Messrs. McCaslin, Imbus & McCaslin and Mr. Philip J. Marsick, for appellee Langenheim & Thomson Co.

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. David W. Peck, for appellee Wray Electric Contracting, Inc.


HOLMES, J.

I.

In the Court of Appeals, the defendants predicated their assignments of error on the argument that the defect in the crosswalk, as alleged by plaintiff, was only a minor imperfection and, as such, was not actionable as a matter of law by plaintiff. In support of that argument, defendants cited prior Ohio case law, emphasizing Kimball v. Cincinnati (1953), 160 Ohio St. 370, and other cases...

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