Dalton v. Cleveland Elec. Ill. Co.

Citations

• 35 Ohio C.C. Dec. 617
• 30 Ohio C.A. 24

Syllabus

<p>GUARD RAILS — MUNICIPAL CORPORATIONS</p> <p>Whether Ordinance Requiring Erection of Guard Rails Applies To Interior Areaway is Question for Jury.</p> <p>Whether an ordinance requiring owners of property along street lines and on areaways back from streets, where the level is above that of the street, to erect guard rails to prevent injury to persons passing by, applies to the owner of a lot which he had permitted to be generally and extensively used for many years by persons on foot and by vehicles, as a passage way leading from a street to an alley and along which and adjoining his building he has constructed a side wait and a paved drive way is a question for the jury, and a determination by the court that the ordinance was without application and inadmissible in evidence, as a matter of law, constitutes error requiring a reversal of the judgment based thereon.</p>