Riley v. Patrick McNichol

Ohio Supreme Court
Riley v. Patrick McNichol, 1 Ohio Law. Abs. 860 (Ohio 1923)
Day, Jones, Marshall, Matthias

Riley v. Patrick McNichol

Opinion of the Court

JONES, J.

A board of county commissioners constructed a highway 24 feet in width, with a 14-foot paved brick road in the center. At the bottom of the embankment it inserted a 24-inch corrugated iron pipe 44 feet in length; this pipe was 13 feet below the surface level of the traveled highway and the ends thereof liO feet distant therefrom. Held: Such pipe was not a “culvert” within the meaning of Section 7563, General Code, and the board is not liable for failure to erect and maintain guard rails at a point on the highway above such pipe, or on the side of an approach thereto

Judgment affirmed.

Marshall, C. J., Matthias and Day, JJ., concur.

Reference

Full Case Name
Pearl K. Riley, also known as Pearl K. Sauerwein v. Patrick McNichol, County Commissioners of Columbiana County
Status
Published