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If there is any issue in downloading this app from Google drive, Please email on kennex0.8@gmail.com a doctrine of strict liability in tort. In the present case, plaintiffs alleged that defendant breached its duty to inspect the premises prior to the plaintiffs moving into the apartment, and to warn of hidden defects. It is axiomatic that no such duty exists in the absence of privity between the plaintiff and the defendant, which was not alleged in this case.
In Herlihy v. SCI Co., (1946), 156 Ohio St. 187, 102 N.E.2d 862, it was held that the provisions of Ohio's statute (C.R.S., 1947, c. 62, § 1, now R.C.P. Colo., 147(a)) limiting the time for bringing a personal injury action against one "injured by the wrongful act or omission of another" to one year "* * * are applicable to the liability of one who creates or maintains a nuisance." The fact that this action was brought as one for nuisance instead of negligence does not change the nature of the action.
In Pinnick v. Henson, (1955), 131 Ohio St. 531, 4 N.E.2d 19, a similar statute of limitations was applicable. Plaintiff brought suit against the builder of his home as a result of injury to his wife. The Supreme Court of Ohio held that the Ohio statute applied to such a claim, that the nature of the action was not altered by the change from negligence to nuisance, and that the claim was barred by the applicable statute of limitations.
Although plaintiff in the case at bar has cited several Ohio cases involving the extension of the statute of limitations to actions against architects or builders, the Ohio cases cited by plaintiff are not applicable to the present case. The opinion of the court in Schlegel v. Holland, *967 (1957), 150 Ohio St. 73, 80 N.E.2d 161, involved the relationship of the contractor to the owner, not the relationship of a landlord to a tenant.
In Foster v. Pennsylvania Co., (1957), 107 Ohio App. 295, 160 N.E.2d 688, the plaintiff was a tenant of the defendants, both of whom were directors of a church organization. The organization owned and operated a building in which plaintiff's husband was employed as an engineer. The opinion of the Ohio Court of Appeals for Franklin County involved
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