Municipal corporations shall have special power to regulate the use of the streets. Except as provided in section 5501.49 of the Revised Code, the legislative authority of a municipal corporation shall have the care, supervision, and control of the public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts within the municipal corporation. The liability or immunity from liability of a municipal corporation for injury, death, or loss to person or property allegedly caused by a failure to perform the responsibilities imposed by this section shall be determined pursuant to divisions (A) and (B)(3) of section 2744.02 of the Revised Code.
Indep. v. Off. of the Cuyahoga Cty. Exec. (Slip Opinion), 2014 Ohio 4650 (Ohio 2014). · cites it 10דGoverning Statutes {¶ 2} R.C. 723.01 generally places “the care, supervision, and control of the public highways, streets, avenues, [and] bridges * * * within [a] municipal corporation” within that municipal corporation’s legislative authority.”
Harp v. City of Cleveland Heights, 721 N.E.2d 1020 (Ohio 2000). · cites it 11ד02(B)(3) provides that “political subdivisions are liable for injury, death, or loss to persons or property caused by their failure to keep public roads, highways, [and] streets ** * * within the political subdivisions open, in repair, and free from nuisance.”
Strunk v. Dayton Power & Light Co., 453 N.E.2d 604 (Ohio 1983). · cites it 18דThe issue presented is whether a municipality’s duty to keep streets and highways free from nuisance, as provided in R.C. 723.01, extends to a driver of an automobile which collides with a light pole off the traveled portion of the roadway.”
Williamson v. Pavlovich, 543 N.E.2d 1242 (Ohio 1989). · cites it 15דAppellees base their negligence action on the duty imposed upon municipal corporations pursuant to R.C. 723.01, 2 which provides: *181 “Municipal corporations shall have special power to regulate the use of the streets.”
Murray v. Chillicothe, 842 N.E.2d 95 (Ohio Ct. App. 2005). · cites it 13ד02(B)(5), which imposes liability where an express statutory duty exists, creates liability in light of the duty imposed by R.C. 723.01 to regulate its streets and public grounds.”
Lattea v. City of Akron, 458 N.E.2d 868 (Ohio Ct. App. 1982). · cites it 16דThe trial court erred as a matter of law in failing to hold the City of Akron jointly liable for the collapse of the bridge by reason of R.C. 723.01.” The Akron Grant Street Bridge runs in a northerly and southerly direction above Interstate 76.”
Harp v. Cleveland Hts., 2000 Ohio 467 (Ohio 2000). · cites it 12ד02(B)(3) provides that “political subdivisions are liable for injury, death, or loss to persons or property caused by their failure to keep public roads, highways, [and] streets * * * within the political subdivisions open, in repair, and free from nuisance.”
Ruwe v. Bd. of Twp. Trs., 505 N.E.2d 957 (Ohio 1987). · cites it 7דThe basis for this negligence action arises out of the duty placed upon municipal corporations under R.C. 723.01. That section provides: “Municipal corporations shall have special power to regulate the use of the streets.”
Dickerhoof v. City of Canton, 451 N.E.2d 1193 (Ohio 1983). · cites it 10דR.C. 723.01 provides: “Municipal corporations shall have special power to regulate the use of the streets.”
Fankhauser v. City of Mansfield, 249 N.E.2d 789 (Ohio 1969). · cites it 16דAs the governmental-proprietary distinction served to limit the tort liability of municipalities, Section 723.01, Revised Code, and its predecessors became the most popular vehicle used to bring liability to municipalities for injuries sustained due to defects in public streets.”
Haynes v. City of Franklin, 95 Ohio St. 3d 344 (Ohio 2002). · cites it 6ד02(B)(3), we considered prior case law interpreting an analogous statute, R.C. 723.01, 3 which imposes an affirmativé duty upon municipalities to keep their roads free from nuisance.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.