Guernsey Co. v. Black

Citations

• 24 Ohio C.C. Dec. 164

Syllabus

<p>COUNTIES — HIGHWAYS—JURY—TRIAL.</p> <p>1. Act Permitting Empaneling Jury from Adjoining County in Action Against Commissioners Applies to Action Accrued at Time of Enactment.</p> <p>Act 102 O. L. 41, amending Gen. Code 11418-1, relating to tbe drawing of jurors from an adjoining county in an action under Gen. Code 2408 against a board of county commissioners, is constitutional and applies to a cause of action accruing before tbe enactment of tbe statute, no substantial, or vested rights of tbe parties are affected as the method of empaneling a jury relates only to tbe remedy.</p> <p>2. Actual Notice of Defects in Highway not Required to Render Board of County Commissioners Liable for Injury Resulting Therefrom.</p> <p>Actual notice of a defect in a highway is not necessary to charge a board of county commissioners with liability for injuries re-suiting therefrom; it is. sufficient that the faets and circumstances he such that they are constructively required to take notice thereof.</p> <p>3. Absence of Funds to Repair Defect in Highway Held a Matter of Defense to Action for Personal Injuries Resulting From Such Defect.</p> <p>Absence of funds in board of county commissioners’ bands with, which to make repairs upon a highway is a defense to a cause of action for injuries resulting from failure to repair the defect and must be pleaded by answer of such board and proved.</p> <p>4. Person Driving off Edge of Macadamized Drive in Highway Not Negligent.</p> <p>A person driving upon a public highway, part of which is macadamized, is not compelled to keep on such part; hence such person is not guilty of contributory negligence in driving a foot or so outside of the path made by continuous travel.</p> <p>[Syllabus approved by the court.]</p>