Board of County Commissioners v. Marietta Transfer & Storage Co.
Board of County Commissioners v. Marietta Transfer & Storage Co.
Opinion of the Court
It is not doubted that the allegations of. the petition sufficiently charge negligence by the defendants in the mode of operating the ferry. The question is as to their liability for negligence. While the question remained unaffected by statute it was established as the common law of the state that county commissioners were not liable in their quasi-corporate capacity to an action for dámages for injury resulting to a private party from their negligence in the discharge of their official duties. It was so decided in 1857 in The Commissioners of Hamilton County v. Mighels,. 7 Ohio St., 110, where the reasons for the distinction in that regard between mere political subdivisions and municipal corporations are stated at length. In Finch v. The Board of Education, 30 Ohio St., 37, a like course of reasoning led to the conclusion that such a liability could not be successfully asserted against a board of education, and these decisions have been adverted to with approval in later cases. That such was the law of the state is admitted by counsel for the. defendant in error, and was doubtless known by the judges of the circuit court.
Prior to April 13, 1894, one section of the statute, defining generally the powers and liabilities of county commissioners, conferred upon them all the authority which they now have with respect to roads and bridges, and it charged them with all the liability with which they are now charged except that provided by an amendment of that date, At the same time another section of the statute authorized them, whenever in their opinion the public good might require it, to establish and maintain a free ferry across a stream of water. On that day the section firstly referred to was amended by inserting therein the following provision: “And any such board of county commissioners shall be liable in their official capacity for any damages received by reason of the negligence or carelessness of such commissioners in keeping any such road or bridge in repair.” The view urged by counsel for the plaintiff is that we should regard the phrase of the amendment “any such road or bridge” as including a free ferry which the commissioners might see fit to establish and maintain. Since ferries are not mentioned in either the amendment or the amended section, it is obvious that the suggested interpretation would extend the section beyond the natural meaning of its terms. If, in contemplation of the Legislature, bridges and ferries are synonyms, it would scarcely have re
Judgment of the circuit court reversed and that of the common pleas affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.