City of Cincinnati v. Stone
Ohio Supreme Court
Error. Reserved in the District Court of Hamilton county. This was originally an action on the case brought in the (former) Superior Court of Cincinnati, against the city, for alleged negligence of her agents, causing an overflow of water into the store of the Messrs. Stone. The plea was the general issue.
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Error. Reserved in the District Court of Hamilton county. This was originally an action on the case brought in the (former) Superior Court of Cincinnati, against the city, for alleged negligence of her agents, causing an overflow of water into the store of the Messrs. Stone. The plea was the general issue. At the October term, 1852, of that court, the issue was tried by jury; and on the trial, a bill of exceptions was taken on behalf of the defendant below, which shows this state of facts : On the 16th of March, 1848, the city council of the city of Cincinnati passed an ordinance to regrade,…
1Opinion of the CourtBartley, J.
The city of Cincinnati having given a contract to a person to regrade and repave a street, providing in the contract for “the work'to be done under the direction of the city civil engineer," or agent appointed by the city council for the same, who shall have entire control over the manner of doing and shaping all, or any part of the same, and whose directions must be strictly obeyed,” etc., the contractor carelessly and improperly left piles of stones and materials for the work at a place near or about the gutter of the street, where a nuisance was likely to be created, whereby, at the time…
2Cited by20 opinions
- International Harvester Co. v. SartainCourt of Appeals of Tennessee · 1948
- City of Logansport v. DickIndiana Supreme Court · 1880
- Callan v. BullCalifornia Supreme Court · 1896
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884
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