Bello v. Cleveland

Epitomized Opinion

MARSHALL, C. J.

Bello was employed as a private watchman in the city of Cleveland, and while in the discharge of his duties stepped off the sidewalk' of St. Clair Ave. opposite the premises of Bardons & Oliver and as the ground gave wav his foot sank into boiling • water and steam. Testimony in the lower court brought out that there was no surface indication of a dangerous condition, but that prior to the date of the accident, an open excavation had appeared near the same point, but which had been repaired by the city. Testimony also showed that a<n agent of the city saw…