O'BRIEN v. CITY OF TOLEDO

No. 35102.

167 Ohio St. 35 (1957)

O'BRIEN, APPELLEE, v. CITY OF TOLEDO, APPELLANT.

Supreme Court of Ohio.

Decided November 20, 1957.


Attorney(s) appearing for the Case

Mr. William K. Fenton and Mr. John W. Potter, for appellee.

Mr. Charles T. Lawton, director of law, and Mr. William D. Driscoll, for appellant.


Per Curiam.

Among the errors assigned are that there was prejudicial error in the court's charge to the jury and that the court committed prejudicial error in refusing a special instruction.

The claimed error in regard to the trial court's definition of "nuisance" given in answer to an inquiry from the jury raises an intriguing question which was the basis of the court's allowance of the motion to certify. However, in the light of the court's conclusion...

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