Rice v. Ziegler

Weygandt, C.

J. Of the several questions presented by the briefs in this case, it is necessary to consider and decide but two.

The first of these is whether the nature of the defendant’s liability is similar to that involved in the case of Davies v. Kelley, 112 Ohio St., 122, 146 N. E., 888, upon which the trial court relied. In that case the plaintiff, who resided with his parents on the first floor of an apartment house, was injured by the breaking of a railing that surrounded a porch used by two families on the second floor.

In the instant case the plaintiff lived with her son and his wife on…