Cincinnati v. Guth

Citations

• 20 Ohio C.C. Dec. 834
• 11 Ohio C.C. (n.s.) 382
• 1908 Ohio Misc. LEXIS 214

Syllabus

<p>NEGLIGENCE — SIDEWALKS.</p> <p>Swing, Giffen and Smith, JJ.</p> <p>Injuby to Pedestrian from Known Defects in Sidewalk Does not Impute Contributory Negligence.</p> <p>Where the only act of contributory negligence imputable against a pedestrian is the using of a board sidewalk known to be in an unsafe condition, the dangers of which could not have been avoided on account of other parts of the street being unsafe, the issue, in an action against the city for injuries sustained therefrom, is one of fact determinable by the jury under proper instructions by the court.</p> <p>[Syllabus approved by the court.]</p>