Kelley v. Davies

SULLIVAN, J.

Epitomized Opinion

Published Only In Ohio Daw Abstract

An action was brought in Cuyahoga Common Pleas by the father of an infant of two years injured by a defective railing of back porch in a ten-suit apartment. The third amended petition upon which trial was had was attacked by demurrer on the ground that it did not state facts sufficient to constitute a cause of action. A judgment for $8,000 was rendered. Reversing the trial court, the Court of Appeals held:

1. Failure to aver and prove that the landlord reserved the control of the back porch of an apartment building precludes recovery for an accident caused by a defective railing1 on such porch.

2. Averment that the back porch of an apartment building was used in common by tenants does not connect the landlord as a party thereto.