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Keeton v. Telemedia Co. of S. Ohio11/4/1994
g month. Making all reasonable inferences from this evidence, appellee could be found to have been put on notice that its cable would be transferred and attached to the new pole sometime during the eight-month period leading up to the time of appellant's accident. Appellee, as aforesaid, had a duty to maintain its equipment in proper order which includes an obligation to inspect for faulty equipment and to make repairs of those defects of which it had notice. A jury could reasonably conclude under the facts of this case that appellee breached its duty of due care by not anticipating transfer of the cable by a third party and checking at regular intervals to ensure that it had been done properly and posed no danger to employees or the general public.
Appellee also contends that there was no evidence introduced below to show that the notices sent by GTE were ever received. That may be the case. However, Strayer did testify that the notices were sent and this creates a prima facie presumption that they were duly received by the intended party. See State ex rel. Ach v. Evans (1914), 90 Ohio St. 243, 250, 107 N.E. 537, 539. That presumption may, obviously, be rebutted by testimony of appellee's agents or employees at trial. It is important to bear in mind that this case is before us osreview of a directed verdict and we are required to construe the evidence most strongly in favor of appellant. We are not commenting on the weight of the evidence or the merits of appellant's case, but ruling only that we cannot find that the only reasonable conclusion to be reached from this evidence would be adverse to his claim.
For these reasons, appellant's assignment of error is well taken and sustained. The judgment of the lower court is reversed and this case is remanded for further proceedings.
Judgment reversed and cause remanded.
GREY and PETER B. ABELE, JJ., concur.
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