Smith v. United Properties, Inc.

Since these cases present the same question of law, they will be consolidated for the purposes of this opinion and will be referred to in the singular.

The question presented here may be stated in this language:

Does the rule of liability applicable to a municipality as provided in Section 723.01, Revised Code, apply also to the liability of an owner of a shopping center to its invitees?

The statutory law and the common law perform separate functions in the continuous development of our system of jurisprudence.

Section 723.01 of the Revised Code provides:

“Municipal corporations shall have special…