Massillon (City) v. Huff

Citations

• 22 Ohio C.C. Dec. 333

Syllabus

<p>MUNICIPAL CORPORATIONS — STREETS.</p> <p>1. City is Liable for Acts of Its Contractors Working Under the Direction of the City Engineer.</p> <p>A city and its contractors are jointly liable for damage done to shade trees by the contractors in constructing a sidewalk under the direction of the city engineer.</p> <p>2. City cannot Destroy Shade Trees on Streets Unless Necessary to Further Street Purposes.</p> <p>A city council has no right to cause the destruction of shade trees upon its streets unless it is necessary to use the ground occupied by them for street purposes, and an abutting owner injured by such destruction may recover damages from the city. Newcomerstown v. Dickenson, 32 O. C. C. 311, followed and approved.</p> <p>[Syllabus approved by the court.]</p>