Deckant v. City of Cleveland

There is but one question before this court. Did the trial court err to plaintiff’s prejudice in granting defendant’s special request to charge the jury before argument, as follows:

“The court instructs you, as a matter of law, that the city of Cleveland is not an insurer of the safety of persons in the use of its streets. The city is not obliged to keep its streets in such condition that it is impossible for accidents to happen. The city cannot be held responsible for injuries caused by every depression, difference in grade, or unevenness in the streets.”

The present case was tried upon the…