448 N.E.2d 514 | Ohio Ct. App. | 1982
Plaintiffs-appellants appeal the trial court judgment granting defendant-appellee's motion for summary judgment on grounds of governmental immunity. We affirm.
Appellee's answers to the appellants' interrogatories admit that the relay mechanism was not working on March 8, 1980. However, the answer to Interrogatory No. 8 also states that the traffic light itself was properly functioning on the day in question. Appellants sued alleging negligence in the operation of the fire department vehicle and that the city created a public nuisance by failing to repair the relay mechanism, for which it is liable pursuant to R.C.
A municipality is obligated to keep its streets open, in repair and free from nuisance pursuant to R.C.
We are not persuaded by appellants' contentions. R.C.
Moreover, we believe it is significant that the traffic light at the intersection of Larwill and Market was functioning properly for normal travel on this road. There is no requirement that a city maintain a preemptive relay on its traffic signals. Appellants were placed in no more dangerous a situation than if the Wooster traffic signal had not been equipped with a relay mechanism. Consequently, the facts of this case are not analogous to the "dangerous condition" circumstances of Fankhauser, supra,
and cannot constitute a nuisance for which Wooster would be liable under R.C.
Judgment affirmed.
BELL and QUILLIN, JJ., concur. *252