McKay v. Ohio Fuel Gas Co.

OPINION

BY THE COURT:

This matter is before this court on an appeal from the judgment of the Municipal Court of the city of Columbus.

The action was based upon a claim of negligence upon the part of the defendant, in leaving open a hole, approximately six inches deep and four inches in diameter, in the middle of a sidewalk on the west side of Worthington Street, between Tenth and Eleventh Avenues, in the city of Columbus.

The issues made by the pleadings are to the effect that on the morning of September 9, 1940, at about 7:50 o’clock, the plaintiff was walking north on the west side of…