Rush v. City of Maple Heights
Supreme Court of Ohio
167 Ohio St. 221 (1958)
Rush (plaintiff) owned a motorcycle. Her husband ran the motorcycle into a hole in the road, injuring Rush and damaging the motorcycle. Rush sued the City of Maples Heights (defendant) in municipal court on the ground that the city was negligent in not repairing the road and that such negligence was the proximate cause of her accident. The municipal court awarded damages to Rush in the amount of $100 for the damage to the motorcycle. The state court of appeals and state supreme court both affirmed. Subsequently, Rush commenced a new action to recover damages for the personal injuries she suffered in the same accident. The trial court enforced the previous judgment as to negligence and proximate cause against the city. On the issue of damages, the jury awarded Rush $12,000. The court of appeals affirmed.
Rule of Law
Holding and Reasoning (Herbert, J.)
Concurrence (Stewart, J.)
Dissent (Zimmerman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.