Presley v. City of Norwood

Resolution of this case involves a two-step determination. First, did the trial court err in failing to charge the jury that appellee must have had knowledge of the hazardous condition of the premises before it could be found negligent? Second, did appellee waive its right to question the court’s charge by not objecting thereto before the jury retired? Our initial focus is on the adequacy of the charge.

The duty owed by a proprietor to his business invitees is one of ordinary care to insure their safety. S. S. Kresge Co. v. Fader (1927), 116 Ohio St. 718. This duty has been more particularly…