City of Fremont v. Dunlap
City of Fremont v. Dunlap
Opinion of the Court
In this case the question is raised on the record and argued, that the city, if it failed at all in its duty, merely failed to exercise a governmental power or duty, and that for such failure it is not liable under any circumstances. But assuming for the purposes of this case that the city might be liable for an injury resulting from the alleged nonfeasance, still it could not be held liable before reasonable notice of the unsafe condition of the street had been brought home to the corporation (Cireleville v. Sohn, 59 Ohio St., 285). It does not appear that actual notice was given to this corporation or its officers; but it is claimed that under the circumstances the city ought to have known that the billboard was dangerous and threatening to people passing along the street, and therefore that the city is chargeable with constructive notice of the alleged nuisance. In those jurisdictions where municipal corporations are held liable to individuals for negligence in respect to keeping its streets open, in repair and free from nuisance, it is held that while the corporation is not an insurer of the safety of its streets, alleys' and sidewalks, it will be held liable for injuries to persons resulting from neglect of the corporation to keep its ways in a reasonably safe condition for travel in the ordinary modes under ordinary circumstances. In Chase v. Cleveland, 44 Ohio St., 505, it is said in the opinion:
“We do not understand that a city is bound at all hazards to have knowledge of defects in sidewalks. Municipal corporations are not insurers of the safety of their public ways, or of the.lives and limbs of pedestrians. The law provides that such corporations shall have the care, supervision and control of the streets, and shall cause them to be kept open and in repair, and free from nuisance. This requires a reasonable vigilance, in view of all the surroundings, and does not exact that which is impracticable. When the authorities have done that" which is reasonable in this regard they have, discharged the entire obligation imposed by the law. They are not bound to use all possible vigilance in inspection or in obtaining information.”
Also in Village v. Kallagher, 52 Ohio St., 183, it is held that a municipal-corporation “is not bound to anticipate improbable or unprecedented events and provide against their possible results.”
‘ The judgment of the circuit court and that of the court of common pleas are
Reversed and judgment for plaintiff in error.
Reference
- Full Case Name
- The City of Fremont, Ohio v. Dunlap
- Status
- Published