Legally Speaking

Issue 1 and Volume 117.

Legally Speaking THIS MONTH an interesting problem is presented in a case from Ohio. The law has traditionally held that firemen were something just less than trespassers when they entered a burning building. The law had three basic categories which you will see recognized in this case. The case involves a policeman but the principles apply to firemen as well. It is indeed gratifying to see another age-old precedent deteriorate to a degree. A policeman was injured while investigating a call that children were reportedly breaking into a church. An unguarded excavation existed adjacent to the church. The policeman fell into the ditch, injured himself and sued the church for his injuries. Here is a portion of the court’s decision: Policemen and firemen do not come upon private property in the performance of their official duties by invitation, express or implied, nor by the consent of acquiescence of the owner,…

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