Gallagher v. City of Toledo

Ohio Supreme Court

Gallagher v. City of Toledo

168 Ohio St. (N.S.) 508

CourtOhio Supreme Court

DecidedFebruary 18, 1959

DocketNo. 35528

StatusPublished

This text of 168 Ohio St. (N.S.) 508 (Gallagher v. City of Toledo) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gallagher v. City of Toledo, 168 Ohio St. (N.S.) 508 (Ohio 1959).

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Opinions

Per Curiam.

The defect complained of was not of such a substantial nature as to impose liability on the defendant municipality. The facts of this case bring it squarely within the rule laid down in Kimball v. City of Cincinnati, 160 Ohio St., 370, 116 N. E. (2d), 708, and O’Brien v. City of Toledo, supra. The judgment of the Court of Appeals is affirmed on authority of those cases, and final judgment is rendered for defendant.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Bell and Herbert, JJ., concur.

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Per Curiam.

The defect complained of was not of such a substantial nature as to impose liability on the defendant municipality. The facts of this case bring it squarely within the rule laid down in Kimball v. City of Cincinnati, 160 Ohio St., 370, 116 N. E. (2d), 708, and O’Brien v. City of Toledo, supra. The judgment of the Court of Appeals is affirmed on authority of those cases, and final judgment is rendered for defendant.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Bell and Herbert, JJ., concur.

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168 Ohio St. (N.S.) 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-city-of-toledo-ohio-1959.