City of Cleveland v. Ferrando

Ohio Supreme Court
City of Cleveland v. Ferrando, 4 Ohio Law. Abs. 143 (Ohio 1926)
Allen, Day, Kinkade, Marshall, Matthias, Robinson

City of Cleveland v. Ferrando

Opinion of the Court

ROBINSON, J.

1. Municipally owned and controlled parks, established and maintained for and open to the general public, are “public grounds” within the meaning of that phrase in Section 3714, General Code, and by that section the duty is imposed upon municipalities to keep them free from nuisance.

2. The presence of an unguarded, unexploded bomb in a public park is a nuisance per se, and a municipality owning and controlling such public park, on proof of knowledge or notice of such nuisance, actual or constructive, is liable to persons injured by reason of its failure to remove same.

Judgment affirmed.

Marshall, CJ., Matthias, Day, Allen and Kinkade, JJ., concur.

Reference

Full Case Name
City of Cleveland v. Amedeo Ferrando
Status
Published