BROUGHTON v. CITY OF CLEVELAND

No. 35086.

167 Ohio St. 29 (1957)

BROUGHTON, APPELLANT, v. CITY OF CLEVELAND, APPELLEE.

Supreme Court of Ohio.

Decided November 20, 1957.


Attorney(s) appearing for the Case

Mr. Jerome Silver, for appellant.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley and Mr. Carl J. Grosclaude, for appellee.


ZIMMERMAN, J.

The generally recognized rule that a municipality is not liable for torts committed by its employees in the exercise of a function of the municipality which is governmental in character has been subject to sharp criticism. It is argued that such rule having its origin in the ancient and obsolete maxim that "the king can do no wrong" has no place in this modern day with its enlightened sociological concepts and governmental changes, and that the rule...

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