Legal Opinion

Johnson v. Wagner Provision Co.

Ohio Supreme Court

Decided June 9, 1943No. 29444PublishedCited by 144 opinions

1Opinion of the CourtZimmerman, J.

In considering this case, four propositions suggest themselves:

1. The defendant had nothing to do with creating the hazard encountered by plaintiff.

2. A very brief period elapsed between the dropping of the jar of mayonnaise by a customer apd the fall of the plaintiff.

3. Except for the dubious conclusion of one witness, there is no evidence that the employees of the defendant knew of the mayonnaise on the floor.

4. If upon any theory defendant may be charged with the knowledge possessed by Felix Garlando, actually employed by another, Garlando took immediate steps to remedy the situation in an…

2Cases cited14 opinions

  1. S. S. Kresge Co. v. FaderOhio Supreme Court · 1927
  2. Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
  3. J.C. Penny Co. v. RobinsonOhio Supreme Court · 1934
  4. Englehardt v. PhilippsOhio Supreme Court · 1939
  5. Lee v. Meier & Frank Co.Oregon Supreme Court · 1941

9 more not listed; retrieve them via the Exa API.

3Cited by144 opinions

  1. Strother v. HutchinsonOhio Supreme Court · 1981
  2. Comer v. RiskoOhio Supreme Court · 2005
  3. Cooper v. Sisters of Charity of Cincinnati, Inc.Ohio Supreme Court · 1971
  4. Presley v. City of NorwoodOhio Supreme Court · 1973
  5. Albain v. Flower HospitalOhio Supreme Court · 1990

139 more not listed; retrieve them via the Exa API.

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