Joseph v. City of Portsmouth

R. C. 723.01 provides:

“Municipal corporations shall have special power to regulate the use of the streets. The legislative authority of such municipal corporation shall have the care, supervision, and control of public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts within the municipal corporation, and shall cause them to be kept open, in repair, and free from nuisance.”

The granting, by the trial court, of appellee’s motion for summary judgment was predicated upon a conclusion that the park strip was not encompassed within the terms of R. C.…