Ohio Supreme Court, 1926

City of Cleveland v. Ferrando

City of Cleveland v. Ferrando
Ohio Supreme Court · Decided July 1, 1926 · Allen, Day, Kinkade, Marshall, Matthias, Robinson
4 Ohio Law. Abs. 143

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.

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