Gibbs v. Village of Girard

Citations

• 88 Ohio St. (N.S.) 34

Syllabus

<p>Municipalities not insurers of safety of streets and sidewalks— But required to keep same in reasonably safe condition— Right of trial by jury inviolate—Cause for damages presents jury issue, when—Order of judge to direct verdict—Violation of right of jury trial, when—Question of ordinary care.</p> <p>1. Municipalities are not insurers of the safety of their streets and sidewalks, but are required to exercise ordinary care in keeping their streets and sidewalks in a reasonably safe condition for public travel, and a failure of duty in this respect is negligence.</p> <p>2. The right of trial by jury, being guaranteed to all our citizens by the constitution of the state, cannot be invaded or violated by either legislative act or judicial order or decree.</p> <p>3. A cause of action for damages brought against a village for negligence in the care of its sidewalks, by reason of which it is claimed, plaintiff was injured, presents a jury issue if there is some evidence tending to prove every essential fact necessary ■ to entitle plaintiff to recover; and an order of the trial judge at the close of the plaintiff’s case directing a verdict in favor ,of defendant over the objection of such plaintiff is a denial and violation of the right of trial by jury arid therefore reversible error.</p> <p>4. What is ordinary care, what is reasonable safety, and the like, are, in the first instance, usually questions for the determination of the jury under all the evidence and proper instructions - by the court appropriate to the particular circumstances of each case and the issues thereof.</p>