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OSBORN v. AKRON

No. 36448.

171 Ohio St. 361 (1960)

OSBORN ET AL., APPELLEES, v. CITY OF AKRON, APPELLANT.

Supreme Court of Ohio.

Decided December 21, 1960.

Attorney(s) appearing for the Case

Messrs. Weick, Genovese & Schreiner, for appellees.

Mr. Harry N. Van Berg, director of law, Mr. Rufus L. Thompson and Mr. John H. Zerbe, for appellant.

MATTHIAS, J.

The basic question raised by this appeal is whether a municipal corporation can be held liable for an alleged nuisance created by the municipal corporation in the maintenance of a santiary land fill used for the disposition of garbage and rubbish.

It is no longer open to question in Ohio that a municipal corporation acts in a governmental capacity in the collection of garbage. This court in Broughton...

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