Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 13

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...period of time as a street, people passing back and forth, both on foot 'and in vehicles day and night. We think the jury were warranted in finding that the scales and platform were to be regarded as a street, and that one using them was entitled to that protection which the law gives him in using a street of a municipal corporation. Upon this trial of the case no evidence was ofiered to show that the market platform itself, extending from Monroe to Washington streets, was used as a part of the street by people generally in traveling back and forth. That brings us to the first claim of counsel for plaintiff in error, to-wit: that the weight of the evidence is that Nitz was walking on the platform and fell ofi that into the scale excavation, and was not walking on the street, as he claims; and it is claimed that if he was walking on the platform, there being no evidence that that was or had been used as a street, and fell from that into this e-xcavation, that he could not recover. There was nothing said to the jury in the charge of the court upon this question. No special attention seems to have been given to it by counsel on either side at the trial, and no request was made along that line. It is claimed that Nitz is within the rule laid down by the Supreme Court in certain cases, that a traveler cannot recover against a municipal corporation where he is out of the limits of the highway, and has gone onto other property of the city for purposes of his own and is thus injured, as in Kelley v. Columbus, 41 Ohio St. 263, where a person was walking along the street, and left the highway, and went onto a vacant piece of property near the city hall for purposes of his own, and was injured by reason of the condition of this lot upon more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • United States
  • English
  • black & white illustrations
  • 1236766059
  • 9781236766052