
    No. 17848
    Pearl K. Riley, also known as Pearl K. Sauerwein, v. Patrick McNichol et al, County Commissioners of Columbiana County.
    Error to the Court of Appeals of Columbiana county.
    326A. ROADS AND HIGHWAYS.
    Corrugated lead pipe at bottom of an embankment held not a culvert within meaning of 7563 GC, so as to impose liability for failure to erect and maintain guard rails.
    (Filed in Supreme Court, Feb. 6, 1923).
   JONES, J.

A board of county commissioners constructed a highway 24 feet in width, with a 14-foot paved brick road in the center. At the bottom of the embankment it inserted a 24-inch corrugated iron pipe 44 feet in length; this pipe was 13 feet below the surface level of the traveled highway and the ends thereof liO feet distant therefrom. Held: Such pipe was not a “culvert” within the meaning of Section 7563, General Code, and the board is not liable for failure to erect and maintain guard rails at a point on the highway above such pipe, or on the side of an approach thereto

Judgment affirmed.

Marshall, C. J., Matthias and Day, JJ., concur.  