Fagins v. Bloch Realty Co.

Citations

• 26 Ohio C.C. Dec. 369
• 25 Ohio C.C. (n.s.) 122

Syllabus

<p>NEGLIGENCE — ICY SIDEWALKS.</p> <p>Permitting Sidewalk to Become Icy in Violation of Ordinance, Does not Impute Wantonness or Wilfulness, Cutting off Defense of Contributory Negligence.</p> <p>An inference of wantonness or wilfulness, cutting off the defense of contributory negligence, cannot be imputed from a property owner’s permitting the sidewalk in front of his premises to become covered with ice in violation of municipal ordinances, from which a pedestrian, injured while voluntarily and knowingly attempting to pass over such icy sidewalk, is excused from the exercise of ordinary care to avoid the injury; the failure to obey the ordinance and permitting the ice to accumulate in the first place were coincident but not different things, and do not introduce the rule of wilfulness.</p>