SCHAFFER v. BOARD

No. 36395.

171 Ohio St. 228 (1960)

SCHAFFER, APPELLEE, v. BOARD OF TRUSTEES OF THE FRANKLIN COUNTY VETERANS MEMORIAL ET AL., APPELLANTS, ET AL.

Supreme Court of Ohio.

Decided July 13, 1960.


Attorney(s) appearing for the Case

Mr. Charles V. Schwenker, for appellee.

Mr. Earl W. Allison, prosecuting attorney, Mr. George Ruble, Jr., and Mr. Arthur M. Sebastian, for appellants.


MATTHIAS, J.

The single question raised by this appeal is whether a board of trustees of a veterans memorial appointed by county commissioners is liable in tort for damages resulting from injuries sustained by a tenant living in a building acquired by the board as part of the site for the memorial.

Although the traditional sovereign immunity from suit arose as a result of judicial decision, such immunity is now constitutionally recognized in the Ohio Constitution...

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