Taber v. Bowling Green (City)

Citations

• 18 Ohio C.C. Dec. 173
• 7 Ohio C.C. (n.s.) 385
• 1904 Ohio Misc. LEXIS 362

Syllabus

<p>DAMAGES — STREETS.</p> <p>Parker, Hull and Haynes, JJ.</p> <p>1. Abutting Land Owneb cannot Recover fob Damages fob Establishment of Reasonable Geade to Stbeet.</p> <p>There can be no recovery by an abutting proprietor for damages resulting from the establishment of a reasonable grade for a street, even though such thoroughfare has been open and used for a long period of time and such owner has built with reference to the natural grade.</p> <p>2. Undeb Obiginal Sec. 2315 Rev. Stat., Pbesentation of Claim of Damages fob Change of Stbeet Gbade is Condition Pbecedent.</p> <p>Under the provisions of Rev. Stat. 2315 as it existed before the new municipal code, the presentation of a claim for damages on account of a change of grade is a condition precedent to the right to recover damages because of such change.</p> <p>[Syllabus approved by the court.]</p>