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· 6/19/1909

Cavey v. Cincinnati (City)

Citations

  • 22 Ohio C.C. Dec. 397

Syllabus

<p>MUNICIPAL CORPORATIONS.</p> <p>Municipality Liable eob Injuries Incurred by Pedestrian’s Falling Over Unguarded Retaining Wall Adjacent to Sidewalk.</p> <p>The lines of a street and sidewalk adjacent to an unguarded precipitous retaining wall, being so near as to create an impression that the wall is within the line of the sidewalk, make the municipality liable for injuries incurred by a pedestrian’s falling over such wall; a variance between the allegations of the petition and proof as to the location of the wall is immaterial.</p>

Judges: Giffen, Smith, Swing

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