HECKERT v. PATRICK

No. 84-337.

15 Ohio St. 3d 402 (1984)

HECKERT ET AL., APPELLANTS, v. PATRICK ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Blakemore, Rosen, Meeker & Varian Co., L.P.A., and Mr. Patrick J. Hart, for appellants.

Mr. James R. Unger, prosecuting attorney, and Mr. David M. Bridenstine, for appellee board of county commissioners.

Messrs. Vogelgesang, Howes, Lindamood & Brunn and Mr. Richard S. Milligan, for appellee Weinman.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Stephen P. Samuels and Mr. John Alberty, urging affirmance for amici curiae Ohio Department of Transportation and the Ohio County Engineers Assn.


HOLMES, J.

Two issues are presented for review by this appeal with the initial query being one of first impression. We must initially determine the duty of care owed to the traveling public by a property owner whose land abuts a highway and contains growing trees with limbs overhanging the traveled portion of the roadway. The second question is whether a statutory or common-law duty exists in a board of county commissioners to remove a tree or its limbs which overhang...

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