Ohio Supreme Court, 1923

Riley v. Patrick McNichol

Riley v. Patrick McNichol
Ohio Supreme Court · Decided December 4, 1923 · Day, Jones, Marshall, Matthias
1 Ohio Law. Abs. 860

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.