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SCHULMAN v. CITY OF CLEVELAND

No. 71-294.

30 Ohio St. 2d 196 (1972)

SCHULMAN, APPELLEE, v. CITY OF CLEVELAND, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided May 24, 1972.

Attorney(s) appearing for the Case

Mr. Clarence L. James, Jr., director of law, and Mr. Paul J. Brady, for appellant.

Messrs. Schulman & Schulman and Mr. Jack M. Schulman, for appellee.

Per Curiam.

The question of whether Donald J. Guittar acted within the scope of his employment as an employee and agent of the city is prefatory to any consideration of governmental immunity in this matter. As we stated in Rogers v. Allis-Chalmers Mfg. Co. (1950), 153 Ohio St. 513, 526, 92 N.E.2d 677:

"In order to obligate a master to respond in damages for the negligence of a servant it is necessary...

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