Gallagher v. City of Toledo

Ohio Supreme Court

Gallagher v. City of Toledo

168 Ohio St. (N.S.) 508

Ohio Supreme Court·Decided February 18, 1959·No. No. 35528·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

168 Ohio St. (N.S.) 508 (Gallagher v. City of Toledo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.