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STATE EX REL. FEJES v. CITY OF AKRON

No. 39567.

5 Ohio St. 2d 47 (1966)

THE STATE, EX REL. FEJES, APPELLANT, v. CITY OF AKRON, APPELLEE.

Supreme Court of Ohio.

Decided January 5, 1966.

Attorney(s) appearing for the Case

Messrs. O'Neil & Smith and Mr. Ivan L. Smith, for appellant.

Mr. R. C. Sheppard, director of law, and Mr. James E. Walter, for appellee.

ZIMMERMAN, J.

It is to be noted that the present action was brought against the city of Akron as the sole respondent. It has long been established in this state that in the construction, improvement and maintenance of streets and highways a municipality is engaged in a governmental function, and that there is no liability in such connection, unless liability is expressly imposed by statute. City of Wooster v. Arbenz, 116 Ohio St. 281, 156 N. E. 210,...

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