MIDDLETON, J.
The defendant, city of Cincinnati, is charged with negligence in the performance of the duties imposed by Section 3714, General Code, which provided:
"Municipal corporations shall have special power to regulate the use of the streets, to be exercised in the manner provided by law. The council shall have the care, supervision and control of * * * streets, avenues, alleys, sidewalks, * * * within the corporation, and shall cause them to be kept...
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