City of Ironton v. Wiehle

Citations

• 78 Ohio St. (N.S.) 41

Syllabus

<p>Demurrer to amended petition — Petition considered as though no ■ former petition filed, when — Time allowed before beginning suit for damages — Section 2326, Revised StaUites — Restricted to action for damages from street improvennents — Does not include damages for nuisances.</p> <p>1. An amended petition, neither purporting to be an amendment of the original petition nor containing any reference to its allegations, should, on demurrer, be regarded as though no former petition had been filed in the case. (Raymond v. Railway Co., 57 Ohio St., 271, approved and followed.)</p> <p>2. The provision of Section 2326, Revised Statutes, that, “No person who claims damages, arising from any cause, shall v commence a suit therefor against the corporation until he files a claim for the same with the clerk of the corporation,” etc., must be restricted to the subject-matter of the legislation and regarded as including such damages only as will obviously result from a street improvement. It does not include damages for a nuisance created and maintained by a municipality.</p>