Auferheide v. Thal

This case is before us on appeal on questions of law from a judgment of the Common Pleas Court of Montgomery county, Ohio, wherein the court directed the jury to return a verdict in favor of the defendant.

The issues may be gathered from the allegations of the amended petition and the answer thereto. Briefly, the amended petition states that on November 14, 1942, and previous thereto, the defendant was the owner of and in control of a building located on East Fifth street in the city of Dayton, Ohio; that the basement of the building was rented by the defendant to and was used by the Booth…