Gruber v. Austgen

Citations

• 26 Ohio C.C. Dec. 559
• 16 Ohio C.C. (n.s.) 294
• 1908 Ohio Misc. LEXIS 332

Syllabus

<p>LANDLORD AND TENANT.</p> <p>Landlord not Liable for Injuries on Leased Premises While Landlord without Entry Reservation was Making Repairs.</p> <p>In an action for damages for personal injuries received by falling into an opening in a floor which was being repaired by a landlord with the consent of his tenant, it is not sufficient to charge the landlord to allege that he was in possession of the premises in common with the tenant, such allegation implying the tenant’s consent to the landlord’s entry. It is only where the landlord reserves the right to enter for the purpose of making repairs without the tenant’s consent, that he can be held liable in such case.</p> <p>[Syllabus by the court.]</p>