HALL v. YOUNGSTOWN

No. 41382.

15 Ohio St. 2d 160 (1968)

HALL, ADMX., APPELLEE, v. CITY OF YOUNGSTOWN, APPELLANT.

Supreme Court of Ohio.

Decided July 10, 1968.


Attorney(s) appearing for the Case

Mr. Daniel L. Rossi, for appellee.

Mr. P. J. Melillo, director of law, and Mr. William J. Higgins, for appellant.


MATTHIAS, J.

The only question to be resolved by this court in this case is whether the defendant was acting in a governmental capacity or a proprietary capacity in providing the allegedly defective hydrant.

Defendant relies heavily on prior decisions of this court as reason for this court to decide the issue before us adversely to plaintiff. The earliest case relied upon by defendant is the case of Wheeler v. Cincinnati, 19 Ohio St. 19. The...

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