Opinion

Englehardt v. Philipps

  • 136 Ohio St. 73
  • 136 Ohio St. (N.S.) 73
  • 15 Ohio Op. 581
  • 23 N.E.2d 829
  • 1939 Ohio LEXIS 230
Court
Ohio Supreme Court
Filed
Nov 22, 1939
Status
Published
Author
Day
On the bench
Hart, Day, Weygandt, Zimmerman, Matthias, Myers
Cited by
73 cases

diving platform provided for eleven-year-old business invitee slippery because wet from rain and because not covered by matting or abrasive substance

How later courts described this case

  • diving platform provided for eleven-year-old business invitee slippery because wet from rain and because not covered by matting or abrasive substance
  • “‘it is the defendant’s superior knowledge of existing dangers or perils to persons going upon the property which is the basis of liability’”

Written by the judges who cited it.

Distinguished

  • Distinguished by Benjamin v. Deffet Rentals, Inc., 66 Ohio St. 2d 86 (1981)

    Appellees contend that Englehardt is distinguishable in that the decision therein was reached upon a motion for directed verdict, whereas, this cause was terminated upon a motion for summary judgment.
    Ohio Supreme CourtApr 22, 1981Read it

The opinion

Day, J.,

concurs in paragraphs 1, 2, 3 and 5 of the syllabus, but dissent from paragraph 4 of the syllabus and from the judgment.

Myers, J., not participating.

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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