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SMITH v. PROPERTIES, INC.

No. 38780 and 38781.

2 Ohio St. 2d 310 (1965)

SMITH, ADMR., APPELLEE, v. UNITED PROPERTIES, INC., APPELLANT. SCHILLIGER, APPELLEE, v. GRACELAND SHOPPERS MART, INC.,

Supreme Court of Ohio.

Decided June 23, 1965.

Attorney(s) appearing for the Case

Mr. John Wile and Mr. Curtis H. Porter, for appellee in case No. 38780.

Mr. Paul L. Thompson and Mr. Dominic A. Trianfo, for appellee in case No. 38781.

Mr. Joseph M. Thatcher, for appellants.

HERBERT, J.

Since these cases present the same question of law, they will be consolidated for the purposes of this opinion and will be referred to in the singular.

The question presented here may be stated in this language:

Does the rule of liability applicable to a municipality as provided in Section 723.01, Revised Code, apply also to the liability of an owner of a shopping center to its invitees?

The statutory law and the common law perform...

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