City of Columbus v. Penrod

Citations

• 73 Ohio St. (N.S.) 209

Syllabus

<p>Permit by city to use street — -For placing building materials— Is mere regulation and not a license — City not liable for damages, when — Question of notice to city.</p> <p>A permit by a city to use part of the street for the placing of building materials for use in the construction of a building on the adjacent property is the mere regulation of a right of the property owner to make such use of the street and not a license to do an act in the street which but for such license would be illegal or a nuisance, and a city by giving such permit is not charged with the duty of seeing that the place is guarded, and will not be liable in damages to a person injured in consequence of the omission to guard such place with barriers or lights unless it had notice express or implied of such omission and after such notice was guilty of negligence.</p>