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· 6/14/1921

City of Youngstown v. Sturgess

Citations

  • 102 Ohio St. (N.S.) 480

Syllabus

<p>Municipal corporations — Negligence —Bridges and approaches— Care, supervision and control — Section 3714, General Code — Bridge on county or state road in city — County to construct and repair — Municipality to safeguard travelers — Liability for nuisances.</p> <p>1. Where a bridge has been constructed by county commissioners upon a state or county road over a stream within the limits of a city, the city is nevertheless liable under the provisions of Section 3714, General Code, for damages to any person suffering injuries by reason of a nuisance being maintained upon any such bridge or the approach thereto.</p> <p>2. The county primarily is obligated to construct and repair bridges upon state or county roads and the approaches thereto over streams within the limits of municipalities, but municipalities are not thereby relieved from their obligation to keep such bridges and the approaches thereto “open, in repair and free from nuisance;” neither are such municipalities relieved from the duty to safeguard travelers upon such structures within the limits of municipalities against dangerous defects amounting to a nuisance.</p>

Judges: Hougi, Johnson, Jones, Marshall, Matthias, Robinson, Wanamaker

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