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LOVICK v. MARION

No. 74-883.

43 Ohio St. 2d 171 (1975)

LOVICK, APPELLANT, v. CITY OF MARION, APPELLEE.

Supreme Court of Ohio.

Decided July 16, 1975.

Attorney(s) appearing for the Case

Mr. Jason A. Blue, Mr. William A. Toler and Mr. Frank W. Humphrey, for appellant.

Messrs. Wiedemann & Wiedemann and Mr. William Wiedemann, for appellee.

Per Curiam.

Appellant contends that the duty of a municipal corporation under R. C. 723.01,1 to keep its streets "open, in repair, and free from nuisance," includes not only the street itself, but also a catch basin and sloping drain adjacent thereto.

Since 1852, the principle embodied in R. C. 723.01 has been a part of Ohio law (50 Ohio Laws 244, Section 63). As its object, inter alia, R. C. 723.01 places an obligation...

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