Martin v. City of Canton

3HERICK, PJ.

The question therefore presented is whether the facts admitted by the demurrer to be true constitute a nuisance as contemplated in §3714 GC, and that, if this be true such facts should be submitted to a jury under proper instructions'; or do the alleged facts in this pleading disclose that the city, in the performance of its duty, or in its failure to perform, was acting in a purely governmental function, and hence not liable for the damages plaintiff sustained?

The Code section involved in the controversy reads: “Municipal corporations shall have special power to regulate the use…