HACK v. SALEM

No. 37448.

174 Ohio St. 383 (1963)

HACK, APPELLANT, v. CITY OF SALEM, APPELLEE.

Supreme Court of Ohio.

Decided April 17, 1963.


Attorney(s) appearing for the Case

Messrs. Stephens, Stephens & Wilkes, for appellant.

Mr. Comus M. Beard, for appellee.


GUERNSEY, J.

Plaintiff's action being founded solely on common-law negligence, we are not concerned with any liability of defendant on the theory of nuisance. Moreover, as no issue was raised in the Common Pleas Court, in the Court of Appeals or in this court as to the sufficiency of plaintiff's allegations of negligence, the only issue to be determined is whether the petition fails to state a cause of action by alleging a function of the defendant municipality in...

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