by John Marshall Harlan

“ That was an action against an incorporated village founded upon a petition alleging that a street used by the public was so unskillfully and negligently constructed and left by the defendant as to be in an unsafe condition, and allowed to become out of repair and obstructed by the rubbish and refuse of the village, so that it was highly dangerous, and that the plaintiff, while lawfully passing along the street, accidentally, and without fault on her part, was precipitated down an embankment, whereby she was greatly bruised and injured. ”

“ Ohio, tit. 'Municipal Corporations,' it is provided that 'the council shall have the care, supervision, and control of all public high ways streets, avenues, alleys, sidewalks, public grounds, and bridges within the corporation, and shall cause the same to be kept open and in repair, and free from nuisance.' 1 Rev. ”

“ In effect, it is a requirement that the corporation shall prevent all nuisances therein, and when by allowing a street to become so out of repair as to be dangerous the corporation itself maintains a nuisance, and a suit to recover for injuries thereby occasioned is for damage arising from a nuisance of 'for a nuisance.' The statute does not give a remedy ”