McCave v. City of Canton

The questions presented by the record in this case are: (1) Where a sidewalk itself is in good repair, under what circumstances can a municipality be held liable for damages to a pedestrian caused by his falling upon ice formed on such sidewalk from water which was emitted from a drainpipe on the adjoining" private property? (2) Since liability, if any, is dependent upon notice to the defendant city, must such notice relate to the presence of the particular ice on the sidewalk upon which plaintiff slipped and fell, or may such notice arise from the existence of the drainpipe which carried the…