Opinion

Cleveland Railway Co. v. Leis

  • 11 Ohio App. 254
  • 30 Ohio C.A. 369
  • 1919 Ohio App. LEXIS 195
Court
Ohio Court of Appeals
Filed
Jul 3, 1919
Status
Published
Author
Washburn
On the bench
Dunlap, Vickery, Washburn
Cited by
0 cases

The opinion

Washburn, J.,

concurring. I concur in the reversal of the judgment in this case on the ground that though conceding under the decisions of the supreme court that the municipality under *266 its home-rule charter had the right in the exercise of its police power to pass the ordinances in question, still such ordinances being general and indefinite in their wording, not requiring any definite and particular act to be done for the safety of the public, and their effect being only to change the common-law rule of negligence in a matter riot purely local, are not admissible in evidence as having the force and effect of a law passed by the legislature. Such ordinances, which on their face attempt only to change in general terms the common law, are not to be measured by the same standard as a statute of the state; they should require definite and certain things to be done in order to have the force and effect of an act of the legislature and be admissible as a predicate of an act of negligence.

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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