CRISAFI v. CLEVELAND

No. 35658.

169 Ohio St. 137 (1959)

CRISAFI ET AL., APPELLANTS, v. CITY OF CLEVELAND, APPELLEE, et al.

Supreme Court of Ohio.

Decided April 22, 1959.


Attorney(s) appearing for the Case

Mr. Paul Mancino, for appellants.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley and Mr. Daniel J. O'Loughlin, for appellee.


MATTHIAS, J.

Plaintiffs argue, in effect, that Brookside Park is a public ground, and that, since Section 723.01, Revised Code, enjoins upon a municipal corporation the duty of keeping its public grounds free from nuisance and since dynamiting has been declared to be an absolute nuisance, it follows that the city of Cleveland is liable for all damages proximately caused by the use of dynamite in or on the public ground here in question.

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