221 N.E.2d 716 | Ohio Ct. App. | 1966
This is an appeal from a summary judgment granted the appellees in an action for personal injuries based on negligence.
Appellant Mary Debie was injured when she fell on a privately owned sidewalk in a shopping area after purchasing merchandise. There was a natural accumulation of about seven inches of snow. While there is a reference to the "removal" of some snow at an earlier time, there is nothing to indicate an effort to remove any snow in the location of appellant's fall, and counsel for appellant has stated that he does not contend that any removal had occurred in the area of the fall. The only alteration in the natural condition of the snow at the location of the fall arose from the walking of other people upon the sidewalk so as to create a pathway of trampled snow and ice. *276
In Martinelli v. Cua (1962),
The most recent case in Ohio is that of Rainey v.Harshbarger (1963),
The judgment of the Common Pleas Court will be, and hereby is, affirmed.
Judgment affirmed.
BRYANT, P. J., and TROOP, J., concur. *277