Herbst v. Young Women's Christian Ass'n
| Decision Date | 06 November 1937 |
| Citation | 11 N.E.2d 876,57 Ohio App. 87 |
| Parties | HERBST v. YOUNG WOMEN'S CHRISTIAN ASS'N. |
| Court | Ohio Court of Appeals |
Syllabus by the Court.
1. The proprietor of a restaurant is not liable for injuries to a patron, sustained when leaving the restaurant, by slipping on slightly worn and uneven steps covered with sleet and snow, by which she had entered shortly before while snow and sleet were falling, in broad daylight, and where the condition was open and obvious to her.
2. Section 1006, General Code, which provides that the owner of a restaurant 'shall provide and maintain for all stairs or stairways for ingress and egress, a substantial handrail,' etc., is not applicable to an entrance having only two steps rising from a sidewalk to a restaurant.
Hart & McHenry, of Canton, for appellant.
Elson Wefler, of Massillon, and Lynch, Day, Pontius & Lynch, of Canton, for appellee.
This cause comes into this court on appeal on questions of law from the common pleas court of Stark county, Ohio. On the 2nd day of March, 1934, defendant, Young Women's Christian Association, appellee, maintained, owned, and controlled a restaurant in the city of Massillon, Ohio, available for use of the general public. An entry thereto was provided consisting of a series of steps rising from the sidewalk to a platform which led into the restaurant itself. The plaintiff below, Beatrice J. Herbst, appellant, claimed that the steps maintained by the defendant had a pitch forward, which caused the back portion to be approximately one inch higher than the front part, and they were sloped from one side to the other.
Plaintiff claims that rain, sleet, and snow had fallen on the morning of March 2, 1934, and due to the construction of defendant's building, in which it operated its restaurant, ice had been caused to form upon the entrance steps hereinBefore described, which was later hidden by a light snow; that she entered the restaurant of defendant on the morning of March 2, 1934, for the purpose of using the facilities therein provided and was there as a business guest of defendant; that upon leaving the restaurant she proceeded to descend the steps in question and had stepped from the entrance platform to the first step when her feet flew out from under her and she fell down the flight of steps onto the sidewalk in front of defendant's place of business; and that as a result of the fall she was injured.
At the close of the testimony offered by plaintiff, as hereinaBefore outlined, the court instructed the jury to return a verdict in favor of the defendant, and upon this verdict judgment was entered. It...
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