Lovick v. City of Marion

Appellant contends that the duty of a municipal corporation under R. C. 723.01,1 to keep its streets “open, in repair, and free from nuisance,” includes not only the street itself, but also a catch basin and sloping drain adjacent thereto.

Since 1852, the principle embodied in R. C. 723.01 has been a part of Ohio law (50 Ohio Laws 244, Section 63). As its object, inter alia, R. C. 723.01 places an obligation on a municipality to keep highways and streets open fur the purposes for which they were designed and built, i. e., to afford the public a safe means of travel. Fankhauser v. Mansfield…