EICHORN v. LUSTIG'S, INC.

No. 33542.

161 Ohio St. 11 (1954)

EICHORN, APPELLEE, v. LUSTIG'S, INC., APPELLANT.

Supreme Court of Ohio.

Decided February 17, 1954.


Attorney(s) appearing for the Case

Mr. M. A. Del Bene, for appellee.

Mr. William E. Pfau and Mr. William E. Pfau, Jr., for appellant.


HART, J.

Unless otherwise shown by evidence, a sidewalk on a public street is presumed to be within the limits of the public street and under the control of the municipality or public authority. A municipality has certain duties to the public to maintain such sidewalks in repair and free from nuisance. An abutting owner is not responsibe for the disrepair of a sidewalk in front of his premises unless its condition is brought about by his wrongful conduct.

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