Norwalk (City) v. Jacobs

Citations

• 19 Ohio C.C. Dec. 123
• 9 Ohio C.C. (n.s.) 153
• 1906 Ohio Misc. LEXIS 262

Syllabus

<p>MUNICIPAL CORPORATIONS — NEGLIGENCE—NUISANCE.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Liability of City foe Condition of Its Steeets.</p> <p>A city is bound to keep its streets in repair and free from nuisance both as to the width of the street and freedom from obstructions in the line to travel, but it is only bound to keep them in such condition as to make them safe for ordinary travel, not safe for extraordinary emergencies, such as riding behind a runaway horse or a horse beyond the control of its driver.</p> <p>[For other eases in point, see 6 Cyc. Dig., “Municipal Corporations,” §§ 2737-2748. — Ed.]</p> <p>2. Lisht Poles Placed in Gutters at Side of Street as Nuisance.</p> <p>A city has the right to determine the width of its streets which shall be devoted to lawful public uses, part may be devoted to sidewalk, part to ■ lawn and shade trees, part to necessary poles, part to drainage, gutters, etc., and part to vehicles and street cars; and it is not an unlawful use in itself to devote a part designed for drainage to poles supporting electric street lights.</p> <p>[For. other cases in point, see 6 Cyc. Dig., “Municipal Corporations,” §§ 2018-2032. — Ed.]</p> <p>[Syllabus approved by the court.]</p>