FANKHAUSER v. MANSFIELD

Nos. 68-543, 68-544 and 68-545.

19 Ohio St. 2d 102 (1969)

FANKHAUSER, EXRX., APPELLANT, v. CITY OF MANSFIELD, APPELLEE. LEJEUNE, APPELLANT, v. CITY OF MANSFIELD, APPELLEE. DICKEY, APPELLANT, v. CITY OF MANSFIELD, APPELLEE.

Supreme Court of Ohio.

Decided July 9, 1969.


Attorney(s) appearing for the Case

Messrs. Ryan & Cole, Mr. James L. Ruef, Messrs. Weldon, Huston & Keyser and Mr. Richard R. Fowler, for appellants.

Mr. Robert K. Rath, city solicitor, for appellee.


DUNCAN, J.

The nature and extent of the liability of municipal corporations in Ohio has been the subject of extensive comment, both by judges and text-writers. The judicially established rule, which is based upon the traditional doctrine of sovereign immunity, is that a municipality is not liable for damages resulting from the exercise of a governmental function. Damage caused in the exercise of a proprietary function is actionable. However, this distinction has not...

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