Cincinnati (City) v. Klein

Citations

• 20 Ohio C.C. Dec. 236

Syllabus

<p>MUNICIPAL CORPORATIONS — TRIAL.</p> <p>Swing, Giffen and Smith, JJ.</p> <p>CONSTRUCTION NOTICE OF DEFECT IN STREET CANNOT BE ESTABLISHED BY SPECULATION.</p> <p>In an action for injury resulting from an alleged defect in a street, it is error to overrule a motion by the city for an instructed verdict in its behalf, where actual notice of the condition of the street is not claimed, and there is no evidence of constructive notice except as based on speculation.</p> <p>[Syllabus by the court.]</p>