Hunter v. City of Cleveland

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 v. Bowden (1975), 42 Ohio St. 2d 392, 329 N. E. 2d 109; Holbrook v. Hamilton Distributing, Inc. (1967), 11 Ohio St. 2d 185, 228 N. E. 2d 628. Had the plaintiff not been of…