The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-03-15
mosaRovn vs.. CITY or CANTON.
A Judgement Rendered Against tho City
For $40,

For 500,
Tho following decision has been ren.
iered by Squire Faust, In the suit of II,
q, Moagr0ye against the city for dam
Agea received by him while driving on
Plum street;
This Ia an action brought by the plain
I'M, Robert q. MOagrOye, against the
| City Of Canton, 10 recover damages for
personal injuries alleged tO have been
OccasiOned by defendants negligence.
On the 9th day Of October, 1889, be-
tween the hours OF 10 o'clock ANA II
o'clock p, m, whilst driving upon u
street known ~ Plum street In said city,
In company with one, 7. q. Snyder,
plaintiff was thrown from the buggy aud
was seriously Injured.
There IN evidence tending 10 show that
AZ the place where tho accident happen.
cd there was u large aand-pile which
had remained In an unchanged con.
dltlOn for i've days aud which occupied
u place beyond the center In said Plum
street. that much other building ma.
teflal, such ~ stone, lumber. brick,
mortar boxes, barrels, mas0n's shed,
alld sand screener occupied twO'thiTda
OF said Plum street from the
east side OF said street, completely OBJ
aIructing the street from the sand pile
aud stone 10 the east side OF the street
that, the street being 90 feet wide, wa6
40 occupied by building material for
period OF four months prior 10 the accI-
dent, leaving driveway 10 TO ~ feet
widei that thla driveway was at times
obslrueted by teams unloading sand or
stones that u building permit was gran
ted by The city about the llrst OF May,
1888, 10 use aud occupy One'half OF said
street, that the street was 0bhlructed by
the building material from the first OF
June, 1883, TO the time OF the accident
aud after; that the Street Commissioners
was NJ the place where the accident Oc.
curred several times prior to the time OF
the accident aud whilst the street waa
no Obstructed, that prior 10 the Mos
grove accident there had been other ac-
cldenta NJ the same place from such ma
terlal occupying the street; that no sig
nal lights, barrier or other warning was
ever placed nv or near the building ma
terlal 70 warn the public Of the cOnd
ton OF the street 10 guard against any
accidents that the night OF the accident
was very dark, and the driver guiding
the horse 10 the right hand side Of the
street TO avoid n collision with vehicles
that might bo coming In the opposite
direction, ana that the plalntiff was
free from any negligence on hia part.
The plaintiff claims that the city is lla.
Bile on the following facts:
lSt, Because u municipal corporation
Hua gnnIYAl Al lhn uIVuaIu within lla HIM
its, and Ia bound 10 keep the same open
and III repair aud FREQ from nuisance,
2nd. That II u street IL Obstrucled no
as TO DO dangerous 10 persons using II
the city IN liable II II has notice of the
obstruction aud does not remove 10, or
II the obstruction las existed for such u
length OF time that the proper officers Of
the city could have known IL by using
ordinary care, and have removed 10.
3rd. That, although the city may
grant II permit 10 u person using fea-
sOnable portion OF the street for the DO.
posil OF building materials, II is still
liable TO any person who IN injured by
reason OF such material, unless The same
IN properly guarded, no NJ 10 warn per-
sons OF the danger; aud
ith. That II was not necessary for the
city 10 have accepted Plum street by an
ordinance.
The defendant claims that II IL not
liable In this action, because.
lat. That Plum street has never been
accepted by the city M required by law.
2nd, That II did not have notice OF
dangerous condition Of the street at the
place where the accident occurred; and
Ord. That the city having authority
TO grant q permit" allowing the use Of
u street for building materials. ana hay.
Ing granted permit" 10 John Buckiua
10 $50 n portion OF Plum street no that
;laco TO deposit building material for u
house being erected on hia lot abutting
on that part OF the street, that such use
was reasonable and therefore not negll.
gent,
The Court from the foregoing facta
determines;
lat. That Plum street has been u
street OF the city OF Canton, opened, con.
tr0lled and worked by the city for over
40 years, aud that tho law at the time the
street became such street did not 70.
qulre the acceptance by ordinance.
A street may become u public street
either by being accepted by ordinance or
by the owner dedicatlng the street and
tho city accepting the dedication, by
using and improving the same.
eee ~ o, y lloport page O11
sto 10 q, H. llolOr, panc 9,M
2nd, That II tho street OF u city " Ob.
atIugtAu 40 ma In hn DIM Unrnua In mar lnnu