Moore v. Geiger (6 Ohio App. 2d 14, 1966)

CueRNsey, J.

This is an appeal on questions of law from a: judgment of the Common Pleas Court of Logan County enter-i ed for the defendant in a negligence action pursuant to a verdict directed at the close of the plaintiff’s evidence. Plaintiff having died following the perfection of this appeal, the action.; has been revived in the name of her personal representative.

It is undisputed in evidence that the defendant contractor,' while in the process of replacing an old section of public side-' .walk in.feent of.a restaurant located on the south side of the: principal street running in an easterly and we ¡through tlie business section of Lakeview, Phio, had, p p. m. on May 1,1962, poured and troweled new concrete^crata^ jpleting that work early the same day; that to hold the. fc ⅛ along the curb line he had placed a number of cement hi fend at each end of the new construction had placed, as a " cade a 2 x 4-inch board elevated above the level .of the sidev ' that the north end of the 2x4 barricade at the west end pfjjf construction rested on top of a vertical, cement block and%| South end rested on one of the steps leading into, a tavern; that] the 2x4 used for the westerly barricade had been previously, ¡ used in connection with the contractor’s business and no longer had the natural color of new lumber; that at a point east of that barricade the contractor had constructed a ramp over the new;, concrete leading from the street to the entrance of an adjoining restaurant, using new and naturally-colored lumber for such-purpose; that at about 2 p. ra. on that day the plaintiff , picked, up some shoes at a repair shop located on the same side of the,| street,, the entrance to which was approximately 40 feet-west jthe 2x4 barricade; that she then left the shoe shop, went“dov jfche steps onto the sidewalk,” “glanced into the shoe bagies-s the shoes,” “closed the bag,” and ‘‘started walking,downdf 'sidewalk to the east”; that she “walked a few steps,” “sa%