Ashland (Vil.) v. Marks

Citations

• 33 Ohio C.C. Dec. 428
• 22 Ohio C.C. (n.s.) 17

Syllabus

<p>MUNICIPAL CORPORATIONS — NEGLIGENCE-PLEADING</p> <p>1. Village Liable to Tenant of Municipally Owned Building for Loss by Fire Negligently Caused by Village.</p> <p>When a village through its council contracts with a natural gas company for the installation, as an experiment, of certain heating apparatus in a municipally owned opera house building, such apparatus to be paid for by the village if found satisfactory otherwise to be removed by the gas company, and members of council directed the location of the heater and supervised its installation, the village is liable to a tenant of the building for loss of goods destroyed by the burning of the building caused by a gas explosion.</p> <p>2. Gas Company Installing Heating Apparatus Subject to Approval not Independent Contractor Liable to Tenant of Building for Fire Loss.</p> <p>A gas company installing certain heating apparatus in a municipally owned building under the direction and supervision of village officers, to be paid for by the village if found satisfactory, otherwise to remove it, is not an independent contractor. Hence, under the rule of respondeat superior the gas company, as a codefendant with the village in an action brought by a tenant of the building for loss of goods destroyed by fire resulting from a gas explosion, is properly dismissed.</p> <p>3. Verdict for Less than Total Fire Loss Indicates Protection by Court and Consideration by Jury of Owner's Rights as to Tenant’s Negligence in Preventing Removal of Property.</p> <p>In an action against a village by a tenant of a municipally owned</p> <p>• building for loss of goods negligently caused by fire, destroying the building and contents, a verdict for less than the value of the goods destroyed indicates that the rights of the village were protected by the charge of the court with reference to alleged negligence of the tenant in locking his door and failing to use due diligence in the removal of his goods.</p> <p>4. Sending Petition to Jury witho