# Snow v. Courtright

> Ohio Supreme Court · June 26, 1974 · 38 Ohio St. 2d 305

URL: https://www.frixlaw.com/law-library/cases/6755300

## Case

- **Full name:** Snow v. Courtright Producers Livestock Assn.
- **Court:** Ohio Supreme Court
- **Decided:** June 26, 1974
- **Citations:** 38 Ohio St. 2d 305; 67 Ohio Op. 2d 362; 313 N.E.2d 380; 1974 Ohio LEXIS 465
- **Precedential status:** Published
- **Opinion:** Dissent by Stern
- **Judges:** Brown, Celebrezze, Corrigan, Hbebert, Neill, Paragraph, Stern, Syllabus
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6755300

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755300. Public record. Not legal advice.