Legal Opinion

Rothfuss v. Hamilton Masonic Temple Co.

Ohio Supreme Court

Decided May 30, 1973No. 72-539PublishedCited by 30 opinions

1Opinion of the CourtCoRRigast, J.

Appellants’ six propositions-.of law can be condensed-into two legal questions for this court to. consider. ' - •'' . ■ ' .

Appellants’ first contention is that the trial court did *180not err in its charge to the jury that the appellee maintained a qualified nuisance and was negligent as a matter of law.

This court has recogninzed that the duty owed hy possessors of land to those who may be injured on their premises is a different duty than the duty owed to ordinary social guests, as a result of the doctrine of qualified nuisance. See paragraph three of the syllabus in Taylor v. Cincinnati (1944),…

2Cases cited9 opinions

  1. O'Day v. WebbOhio Supreme Court · 1972
  2. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  3. Taylor v. City of CincinnatiOhio Supreme Court · 1944
  4. Jeswald v. HuttOhio Supreme Court · 1968
  5. Painesville Utopia Theatre Co. v. LautermilchOhio Supreme Court · 1928

4 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Posin v. A. B. C. Motor Court Hotel, Inc.Ohio Supreme Court · 1976
  2. Simmers v. Bentley Construction Co.Ohio Supreme Court · 1992
  3. Stone v. DavisOhio Supreme Court · 1981
  4. Simmers v. Bentley Constr. Co.Ohio Supreme Court · 1992
  5. Allen Freight Lines, Inc. v. Consolidated Rail Corp.Ohio Supreme Court · 1992

25 more not listed; retrieve them via the Exa API.

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