Miller v. Auburn Private Hotel Co.

Citations

• 22 Ohio C.C. Dec. 645

Syllabus

<p>ERROR — INNKEEPERS—TRIAL.</p> <p>1. Negligence not Presumed from Damage to Apparel of Guest of Innkeeper Resulting from Water Plowing from Tank.</p> <p>Negligence by an innkeeper cannot be presumed or inferred from the mere fact that water flowed from a tank or pipe upon, the apparel of a guest and damaged it.</p> <p>2. Controversial Remarks by Counsel Regarding Offer to Compromise Withdrawn, not Prejudicial.</p> <p>Controversial remarks between counsel within hearing of the jury, in regard to an alleged offer by the defendant to compromise the claim sued on, do not constitute such misconduct as would warrant a reversal of the judgment which followed in favor of the plaintiff, where it appears that the statement regarding an offer to compromise was withdrawn and no ruling of the court or admonition of the jury by the court was asked then or thereafter by counsel for the defendant.</p>