Tolliver v. City of Newark

The single question presented is whether the amended petition states facts sufficient to constitute a cause of action against the defendant.

It is universally agreed that at common law a municipal corporation is not liable for failure in the performance of governmental functions. However, for many years liability has been imposed upon municipalities of this state, in connection with the care, supervision and maintenance of streets.

Section 3714, General Code, reads as follows:

“Municipal corporations shall have special power to regulate the use of the streets, to be exercised in the manner…