Salzer v. Bowlus-Hackett Fruit Co.

Citations

• 16 Ohio N.P. (n.s.) 358

Syllabus

<p>Municipal Corporations — Occupation of Part of Sidewalk for Exhibition of Merchandise and Wares — Whether Unlawfully Authorized by Ordinance a Question of Pact Determinable by Judicial Inquiry — • Ordinance Invalid if Such Occupancy Interferes with Public Use —Easement of Abutter — Injunction—-Section 3714.</p> <p>1. By. the provisions of Section 3714, General Code, the council of a municipal corporation is empowered to supervise and control the public highways, streets and sidewalks of the corporation, but such' power must be exercised so as not to seriously impair the use of said highways, streets and sidewalks by the public for travel and transportation of property, or seriously to interfere with the enjoyment by the owners of property abutting on such highway, street or sidewalk of such rightful easement in the'same in relation to his property as they may have, and whether such power of the municipal corporation is wrongfully exercised in any case is a question of fact to be determined in a judicial inquiry by the particular circumstances of the case.</p> <p>2. Where an ordinance of a municipal corporation in terms authorizes the owner or occupant of any store or premises abutting on a sidewalk to occupy for the purpose of exhibiting his wares or merchandise three feet of the sidewalk in front of said store or premises, which space to be so occupied shall be immediately adjoining the line of said premises, such use is not made lawful by the ordinance if such occupancy of the sidewalk materially interferes with its use by the public or with special easements of the owners of property abutting thereon.</p> <p>3. If such occupancy of the sidewalk is unlawful it will be enjoined in an action brought by the owner of such special easement, upon his showing that he sustains special injury in the premises.</p>