addressing a claim for private, not public, nuisance, resulting from a car accident that the plaintiff blamed on negligently maintained roads and trees
How later courts described this case
- addressing a claim for private, not public, nuisance, resulting from a car accident that the plaintiff blamed on negligently maintained roads and trees
- "Municipalities, in the management and control of their streets and public grounds, act in a governmental capacity and hence are not liable in such connection unless liability is expressly imposed by statute."
Written by the judges who cited it.
The opinion
Weygandt, C. J.,
dissenting. There is nothing in the provisions of Section 3714, General Code, limiting a municipality’s liability for nuisance to that based upon negligence alone. .
Under the evidence in this record the trial court should have included a charge as to nuisance not based upon negligence and should not have limited the defendant’s liability to nuisance based upon negligence alone.
Williams, J., concurs in the foregoing dissenting opinion.