ROYCE v. SMITH

Nos. 81-36 and 81-56.

68 Ohio St. 2d 106 (1981)

ROYCE ET AL., APPELLANTS, v. SMITH, APPELLANT; JACKSON TOWNSHIP TRUSTEES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 9, 1981.


Attorney(s) appearing for the Case

Messrs. Black, McCuskey, Souers & Arbaugh, Mr. Randolph L. Snow and Mr. Gust Callas, for plaintiff-appellants.

Messrs. Day, Ketterer, Raley, Wright & Rybolt, Mr. Louis A. Boettler and Mr. Dennis M. Pilawa, for defendant-appellant.

Mr. James R. Unger, prosecuting attorney, Mr. Loren E. Souers, Jr., Mr. Neal L. Fitzgerald and Mr. Stephen T. Yost, for appellees.


SWEENEY, J.

The question presented in the instant appeal is whether a complaint and a cross-claim seeking to impose liability on the township trustees and county engineer for their alleged negligence in failing to maintain the stop sign controlling the intersection where appellants' vehicles collided state claims for which relief can be granted.

The standard for dismissal pursuant to Civ. R. 12(B)(6) is set forth in the syllabus of O'Brien v. University...

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