Strunk v. Dayton Power & Light Co.

In light of this court’s recent decision in Haverlack v. Portage Homes, Inc. (1982), 2 Ohio St. 3d 26, we are confronted with another appeal questioning the boundaries of municipal liability. The issue presented is whether a municipality’s duty to keep streets and highways free from nuisance, as provided in R.C. 723.01, extends to a driver of an automobile which collides with a light pole off the traveled portion of the roadway.

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…