Opinion

Snow v. Courtright

  • 38 Ohio St. 2d 305
  • 67 Ohio Op. 2d 362
  • 313 N.E.2d 380
  • 1974 Ohio LEXIS 465
Court
Ohio Supreme Court
Filed
Jun 26, 1974
Status
Published
Author
Stern
On the bench
Brown, Celebrezze, Corrigan, Hbebert, Neill, Paragraph, Stern, Syllabus
Cited by
2 cases
Authority
More cited than 15.1%

holding that sufficient evidence existed to submit the case to the jury when the defendant's ponies escaped from a fenced-in area and ran onto the highway and that after the accident, the owner discovered the gate open and a wire used to secure the gate missing

How later courts described this case

  • holding that sufficient evidence existed to submit the case to the jury when the defendant's ponies escaped from a fenced-in area and ran onto the highway and that after the accident, the owner discovered the gate open and a wire used to secure the gate missing

Written by the judges who cited it.

The opinion

Stern, J.,

dissenting. In its opinion, the majority 'states that: “Since it is ‘some evidence of negligence’ to turn animals into a field with defective fencing, it is also évidence of negligence to leave open a gate to the animals’ enclosure.” There is one major fault with that comparison — the record in the instant case is devoid of any evidence, direct or circumstantial, as to who was responsible for the gate to appellee’s enclosure being open.

■ Unless this court is prepared to infer that appellee was negligent as a matter of law solely by virtue of the fact that the gate was open, I find the syllabus in Gedra v. Dallmer Co. (1950), 153 Ohio St. 258 , 91 N. E. 2d 256 , to be controlling. Since the appellants have failed to show that the ponies escaped because of some breach, by appellee, of his duty of due care, I would affirm the judgment of the Court of Appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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