Ohio Court of Appeals, 1937

Sponzilli v. Houston

Sponzilli v. Houston
Ohio Court of Appeals · Decided March 22, 1937 · Hamilton, Matthews, Ross
24 Ohio Law. Abs. 619; 1937 Ohio Misc. LEXIS 1165

Sponzilli v. Houston

Opinion of the Court

*620OPINION

By THE COURT

The evidence shows that the appellant received injuries by slipping upon a public sidewalk that was uneven and covered with ice and snow.

There is no allegation or proof that the appellee caused the condition.

The duty to keep the streets, which, of course, includes the sidewalks, open, in repair, and free from nuisance rests upon ibe municipality and not upon the abutting property owner.

It is clear under the authorities that the appellee failed to allege or prove the violation of any duty owing to the appellant.

The judgment is affirmed.

ROSS, PJ, HAMILTON and MATTHEWS.

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