Summary
In Bowman, a slip and fall action, the court ruled that although there is a common law duty whereby landlords are responsible for maintaining common areas, plaintiff was injured on steps leading only to her own apartment, thus, no common law duty arose.
Summary of this case from Pratham Design Innovation Pvt. Ltd. v. Infovision 21Opinion
No. 33060
Decided June 11, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Landlord and tenant — Outside stairway to second floor apartment — Used exclusively by one tenant — Landlord's limited use for janitor services — Not sufficient to constitute control — Landlord not liable to tenant who slipped on ice, when — No legal duty on landlord to remove ice — Mere breach of contract not predicate for tort liability — Jury trial — Section 5, Article I, Constitution — Courts of Appeals — Concurrences necessary for reversal — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Sieman, Sieman Sieman and Mr. Joseph Horwitz, for appellant.
Messrs. McConnell, Blackmore, Cory Burke and Mr. Arthur E. Griffith, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.