Cooper v. Roose

The first question to be determined is whether the defendant had either occupation or control of the second-floor porch at the time of plaintiff’s fall. This is because liability in tort is an incident to occupation or control. Berkowitz v. Winston, 128 Ohio St., 611, 193 N. E., 343; Ripple v. Mahoning National Bank, 143 Ohio St., 614, 56 N. E. (2d), 289.

In order to establish that defendant retained control of such portion of the premises, plaintiff relies upon the following testimony as to what was said by her and the landlord at the time she rented the second and third floors of the…