Ohio Court of Appeals February 23, 1931, No 11027 (Cleveland v. Parschen)

PARR, J.

It is conceded that the street at this point is safe for travel and that this pond is upon a tract of land not owned by the city. However, it is insisted that guard rails should have been provided by the city and that it was at fault in permitting the east end of said culvert to close or practically close by reason of the deposit of sediment or otherwise.