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JENNINGS BUICK, INC. v. CITY OF CINCINNATI

No. 77-1365.

56 Ohio St. 2d 459 (1978)

JENNINGS BUICK, INC., APPELLEE, v. CITY OF CINCINNATI, APPELLANT.

Supreme Court of Ohio.

Decided December 8, 1978.

Attorney(s) appearing for the Case

Messrs. Graydon, Head & Ritchey, Mr. John B. Pinney, and Mr. Thomas W. Kahle, for appellee.

Mr. Thomas A. Luebbers, city solicitor, Mr. Timothy L. Bouscaren and Ms. Patricia W. Morrison, for appellant.

HOLMES, J.

The city of Cincinnati appeals, having set forth the following propositions of law:

1. "The Court of Appeals is bound by stare decisis to follow established precedent which holds that a plaintiff cannot recover for injury from a water main break unless he proves by a preponderance of the evidence that the water supplier was negligent."

2. "The maintenance by a city of over three thousand miles of water mains is not an inherently dangerous...

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