Dluzinski v. Griese-Walker Co.

Citations

• 33 Ohio C.C. Dec. 115
• 18 Ohio C.C. (n.s.) 397

Syllabus

<p>DEATH — NEGLIGENCE</p> <p>Knowledge of Defect In Scaffold within Express or Implied Knowledge of Deceased Precludes Recovery.</p> <p>In an action for wrongful death of a workman, killed by the falling of a scaffold upon which he was working, due to alleged defective construction thereof, in the absence of a statute otherwise providing, in order that plaintiff may recover it must be shown that the construction of the scaffold was defective, that the defendant had knowledge of the defect, or ought to have had, and that the deceased did not know of the defect and had not equal means of knowing with the defendant.</p>