Village of Barnesville v. Ward

Citations

• 85 Ohio St. (N.S.) 1

Syllabus

<p>Street wide enough for park strip for dowers, etc. — Barriers placed around park strip — Not obstructions or nuisances, when — ■ City may not maintain dangerous barriers around strip — Liability of city to one undertaking to pass over strip.</p> <p>1. Where a street is sufficiently wide that enough will remain unobstructed for the purpose of public travel, a municipality may maintain or permit to be maintained, park strips between the curbing of the paved street and the pavement of the sidewalk in which strip grass, flowers and trees may be grown for the purpose of beautifying and ornamenting the streets of the city and contributing to the pleasure and comfort of its citizens, and may by proper barriers prevent travel thereon.</p> <p>2. The trees, grass and flowers growing thereon and proper barriers placed around the same to protect them, are not obstructions or nuisances within the meaning of the statute requiring the city council to keep the streets of a. municipality open, in repair and free from nuisance.</p> <p>3. A city may not maintain or permit to be maintained, a fence, wire or other barrier around such park strips dangerous to the life or safety of any traveler who undertakes to pass over the same, and if a pedestrian in the exercise of due care for his own safety is injured by reason of the dangerous condition of such barrier the municipality is liable in damages for such injury if it knew, or in the exercise of ordinary care, ought to have known the dangerous condition thereof.</p>