City of East Cleveland v. Wald

Citations

• 103 Ohio St. (N.S.) 373

Syllabus

<p>Municipal corporations — Negligence — Sidewalks — Ordinance establishing slope — Failure of proof of curb line — Purpose of establishing sidewalk or street grades.</p> <p>1. Where a sidewalk ordinance, providing that the top surface of the sidewalk shall 'coincide with a line beginning at the curb at the established grade and extend to the lot line, with a rise of three-eighths of an inch to the foot, is pleaded and offered in proof to show the negligence relied upon, under claim that the provisions of the ordinance were not followed in the construction of the sidewalk, and where at the place of the accident there was a step, making in effect two curbs, absence of proof tending to show that the surface of the step was the real curb, located with reference to the established grade, is a failure of proof of an essential element of the negligence charged.</p> <p>2. Established grades for sidewalks and streets are outlines of level, to be used and to serve as general guides for the construction of improvements thereof. The city, or those delegated by it, in the construction of such improvements, must follow such guides with substantial accuracy, and in the absence of evidence to the contrary will be presumed to have done so.</p>