Hannan v. Ehrlich

Citations

• 102 Ohio St. (N.S.) 176

Syllabus

<p>Negligence — Child killed playing in sand bank — Attractive nuisances — Trespasser or licensee — Pleading — Express or implied invitation — Inducement or allurement — Actionable negligence exists, when — Duty of licensor to licensee — Degree of care toward infants — Municipal ordinance — Excavations to be enclosed, when — Scope and purpose of ordinance.</p> <p>1. In a petition claiming damages for negligence an allegation that a sand bank is operated upon a portion of defendant’s premises and that the children of the neighborhood were accustomed to use said premises for the purposes of a playground and that defendant “permitted, allowed and acquiesced” in such use, will not be construed as an invitation either express or implied.</p> <p>2. The words “permitted, allowed and acquiesced” imply no inducement, allurement or enticement, and should be construed as creating the relation of licensor and licensee.</p> <p>3. Actionable negligence exists only where the one whose act causes or occasions the injury owes to the injured person a duty created either by contract or by operation of law, which he has failed to discharge.</p> <p>4. A licensee takes his license subject to its attendant perils and risks, and the licensor owes him no duty except to refrain from wantonly or wilfully injuring him and to exercise ordinary care after discovering him to be in peril; he should not be exposed to hidden dangers, pitfalls or obstructions.</p> <p>5. The foregoing rule is not altered by the fact that the injured person is a child of tender years.</p> <p>6. Greater care and caution should be exercised to prevent injuries to children upon premises where dangerous active operations are carried on than upon premises containing a visibly dangerous statical condition.</p> <p>7. A city ordinance requiring a cellar, cistern, well, or other excavation, to be enclosed by a substantial fence or railing, and granting not exceeding two feet in width of the adjacent alley for such purpose, is f