Taylor v. City of Cincinnati , 143 Ohio St. 426 ( 1944 )

Weygandt, C. J.,

dissenting. There is nothing in the provisions of Section 3714, General Code, limiting a municipality’s liability for nuisance to that based upon negligence alone. .

Under the evidence in this record the trial court should have included a charge as to nuisance not based upon negligence and should not have limited the defendant’s liability to nuisance based upon negligence alone.

Williams, J., concurs in the foregoing dissenting opinion.