Smith v. Toledo (City)

Citations

• 20 Ohio C.C. Dec. 454
• 11 Ohio C.C. (n.s.) 167
• 1908 Ohio Misc. LEXIS 167

Syllabus

<p>NEGLIGENCE — SIDEWALKS.</p> <p>Parker, Wildman and Kinkade, JJ.</p> <p>.PEDESTRIANS NOT REQUIRED TO TAKE MORE DANGEROUS OR GREATLY INCONVENIENT Route to Avoid Known Defective Sidewalk.</p> <p>A pedestrian must exercise ordinary care both in the selection of a route and in its use after selecting it. A pedestrian on a city street desiring to go from one residence to ' another on the same side of the street is not negligent as a matter of law in attempting to pass over a defective sidewalk, where his only alternatives are to take another and very circuitous route by another street or cross the street through deep mud to a more dangerous sidewalk on the other side.</p> <p>[For other cases in point, see 6 Cyc. Dig., “Municipal Corporations,” §§ .-2836-2914; “Negligence,” §§ 339-366. — Ed.]</p> <p>[Syllabus approved by the court.]</p>