Rotte v. Meierjohan

ROSS, J,

(dissenting):

Appeal on questions of law from a judgment of the Court of Common Peas of'Hamilton County in favor of the defendant. The plaintiff filed a petition in the action on June 5, 1944, alleging that the defendant was the owner of certain premises which plaintiff rented, that a grating or grill across a window in such premises was defective, that his son leaned against such grill, which gave way, and plaintiff, in attempting to save his son, lost his balance and was precipitated to the ground suffering severe injuries for which he seeks compensation.

In his'answer the defendant…