Bourdeau v. City of Toledo

OPINION

By CARPENTER, J.

This was an action for damages for personal injuries claimed to have been sustained by the plaintiff by the failure of the city of Toledo to perform its duty under §3714, GC, requiring it to keep its streets “open, in repair and free from nuisance.”

The street in question is Hurd Street, which runs east and west in the east part of Toledo. It is a short thoroughfare, six blocks long. The right of way of The Wheeling- & Lake Erie Railroad, with several sets of tracks on it, intersects the street at right angles three short blocks from its west end. The street is not open…