R.K.O. Midwest Corp. v. Berling

OPINION

By ROSS, PJ.

The responsibility of the owner of premises when out of possession and control is now clearly fixed and by recent decisions of the Supreme Court of Ohio. Berkowitz v Winston, 128 Oh St, 611 (Oh Bar, Dec. 17, 1934), the third syllabus is:

“An owner of real estate, who has surrendered possession thereof to a lessee, is not liable to an employee of such lessee for personal injuries resulting from a defective condition of the premises, though he had promised the lessee to make repairs.”

And, at page 612, of the opinion:

“Where portions of a building are rented to several tenants…