Benjamin v. City of Columbus

In order to avoid the effect of this court’s decision in Westerhaus v. City of Cincinnati, 165 Ohio St., 327, 135 N. E. (2d), 318, plaintiffs have emphasized the fact that the machines involved in the instant cases are not equipped so as to provide for and are not to be used to provide free plays. However, besides deciding that free-play machines are gambling devices, we also decided in the Westerhaus case that, since the proposed use of the machines there involved would violate certain state statutes, a petition of the owner of the machines “seeking equitable relief to protect such machines…