City of Norwalk v. Tuttle

Citations

• 73 Ohio St. (N.S.) 242

Syllabus

<p>Petition to recover for injuries — Received on icy sidewalk of municipality — Alleging no structural defect in sidewalk — ' States no cause of action — Law of negligence of municipalities.</p> <p>1. A petition filed-for the purpose of recovering from a municipality on account of injuries sustained by the plaintiff from falling upon an icy sidewalk, the conditions being solely due to the action of the elements, but not alleging either a structural defect in the walk or any act of the municipality causing the formation of the ice, does not state a cause of action. (Chase v. The City of Cleveland, 44 Ohio St., 505, approved and followed.)</p> <p>2. One who voluntarily goes upon a sidewalk of a city which is obviously, and by. him known to be, in a dangerous condition, cannot recover on account of injuries which he may thereby sustain, even if the negligence of the city is admitted or shown. (Schaefier v. The City of Sandusky, 33 Ohio St., 246, and The Village of Conneaut v. Naef, 54 Ohio St., 529, approved and followed.)</p>