Legal Opinion

Berkowitz v. Winston

Ohio Supreme Court

Decided November 21, 1934No. 24968PublishedCited by 39 opinions

1Opinion of the CourtMatthias, J.

The facts in evidence present but a single question of law: Is the owner of premises rented to another, to whom complete and entire possession has been surrendered, liable for personal injuries resulting to an employee of the lessee from the defective condition of the premises, though the owner had promised the lessee to make repairs ?

That precise question was before this court in the case of Burdick v. Cheadle, 26 Ohio St., 393, 20 Am. Rep., 767, and was answered in the negative. It was there held that the landlord was not liable in such action. The principle there announced has been adhered…

2Cases cited4 opinions

  1. Cullings v. GoetzNew York Court of Appeals · 1931
  2. Davies v. KelleyOhio Supreme Court · 1925
  3. Marqua v. MartinOhio Supreme Court · 1923
  4. Rice v. ZieglerOhio Supreme Court · 1934

3Cited by39 opinions

  1. Shroades v. Rental Homes, Inc.Ohio Supreme Court · 1981
  2. Shump v. First Continental-Robinwood AssociatesOhio Supreme Court · 1994
  3. Sedar v. Knowlton Construction Co.Ohio Supreme Court · 1990
  4. Wills v. Frank Hoover SupplyOhio Supreme Court · 1986
  5. Cooper v. RooseOhio Supreme Court · 1949

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