Cleveland v. King
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT ÓE THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The case as stated by the court in- its opinion was as follows : This is an action to recover damages for personal injuries which the defendant in errgr, who was the plaintiff below, alleges were sustained by him in consequence of the failure of the city of Cleveland, by its officers and servants, to exercise due care in keeping one of its streets in proper and safe condition for use by the…
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ERROR TO THE CIRCUIT COURT ÓE THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The case as stated by the court in- its opinion was as follows : This is an action to recover damages for personal injuries which the defendant in errgr, who was the plaintiff below, alleges were sustained by him in consequence of the failure of the city of Cleveland, by its officers and servants, to exercise due care in keeping one of its streets in proper and safe condition for use by the public. At the trial, the city objected to the introduction of any evidence in behalf of the plaintiff, on the ground that…
1Opinion of the Court
Me. Justice Harlan,
after stating the case, delivered the opinión of the court.
By section '2640 of the Revised Statutes of Ohio, Title, Municipal Corporations, it is provided that “ the council shall have the care, supervision and control of all public highways, streets, avenues, alleys, sidewalks, public grounds and bridges within the corporation, and shall cause the same to be kept open and in repair, and free from nuisance.” 1 Rev. Stats. Ohio, Title XII, Div. 8, c. 13, Giauque’s ed. 600.
The city concedes that, if there was any liability at all on its part, the charge of .the court…
2Cases cited1 opinion
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
3Cited by22 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Casement v. BrownSupreme Court of the United States · 1893
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
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