Opinion

Cooper v. Bradlyn

  • 123 Ohio St. 392
  • 123 Ohio St. (N.S.) 392
  • 9 Ohio Law. Abs. 668
  • 175 N.E. 603
  • 1931 Ohio LEXIS 356
Court
Ohio Supreme Court
Filed
Mar 25, 1931
Status
Published
On the bench
Marshall, Jones, Matthias, Day, Aleen, Kinkade, Robinson
Cited by
2 cases
Authority
More cited than 80.2%

The opinion

By the Court.

Abraham Bradlyn sued the city and the board of county commissioners in the same action, seeking damages for personal injuries. He recovered judgment against both defendants. After a

remittitur

of a part of the trial court’s judgment had been made and consented to, the Court of Appeals affirmed the judgment of the lower court. Thereupon the cause came to this court upon error.

"We find no abuse of discretion on the part of the trial court in permitting the plaintiff below to file his second amended petition at the beginning of the trial. The plaintiff, in his pleading, alleged that he suffered his injuries by reason of the negligence of-the defendants in not keeping a sidewalk in repair in permitting a sheet-iron or metal strip to so pro

*393

trude from two to six inches above the level of a sidewalk as to cause him to stumble and fall. This metal strip overlaid a concrete sidewalk which ran lengthwise over the bridge and was used by the traveling public. The concrete sidewalk and the superimposed strip were a part of the bridge.

Since the sidewalk, including the metal strip, was a part of the bridge superstructure, the legal principles announced in

City of Youngstown

v.

Sturgess,

102 Ohio St., 480 , 132 N. E., 17 , apply, and both cases will be affirmed on authority of that case.

Judgments affirmed.

Marshall, C. J., Jones, Matthias, Day, Aleen, Kinkade and Robinson, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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