Ohio Supreme Court, 1922

Aldrich v. City of Youngstown

Ohio Supreme Court · Decided December 29, 1922 · Clark, Hough, Jones, Marshall, Matthias, Robinson, Wanamaker

1 Ohio Law. Abs. 80; 27 A.L.R. 1497; 106 Ohio St. 342; 140 N.E. 164; 1922 Ohio LEXIS 223

Cases that cite this one

46 later published cases cite this decision. The 24 that cite it most often are listed here.

Maffei v. Incoporated Town of Kemmerer (Wyo. 1959)
Delaware Liquor Store, Inc. v. Mayor & Council of Wilmington (Superior Court of Delaware 1950)
Strohofer v. City of Cincinnati (Ohio 1983)
Maynard v. Kear (District Court, N.D. Ohio 1979)
Hall v. City of Youngstown (Ohio 1968)
Hack v. City of Salem (Ohio 1963)
Partlow Gates v. Monroe Township (Ohio Ct. App. 1932)
Bang v. Independent School District No. 27 (Minn. 1929)
Rollow v. Ogden City (Utah 1926)
McNamara v. City of Rittman (Ohio Ct. App. 1998)
City of Daytona Beach v. Palmer (Fla. 1985)
Russell W. Hanna v. Robert Drobnick, Building Commissioner (6th Cir. 1975)
Gabris v. Blake (Ohio 1967)
Broughton v. City of Cleveland (Ohio 1957)
Rankin v. Sander (Ohio Ct. App. 1953)
Barker v. City of Santa Fe (N.M. 1943)
Blackman v. City of Cincinnati (Ohio Ct. App. 1940)
Taylor v. City of Berwyn (Ill. 1939)
Hoggard v. City of Richmond (Va. 1939)
Hagerman v. City of Seattle (Wash. 1937)
Hutchinson v. City of Lakewood (Ohio 1932)
Harding v. City of Hawthorne (Cal. Ct. App. 1931)
Moses v. City & County of Denver (Colo. 1931)
Leckliter v. City of Des Moines (Iowa 1930)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

JONES, J.:

1. The creation and maintenance of a police department by a muunicipality are done in the exercise of its governmental functions. The performance of an act by an official of such department is not the performance of a ministerial act for which a municipality becomes liable under the maxim, respondeat superior.

2. A municipal corporation is not, in the absence of a statutory provision, liable in damages to one injured for the negligent acts of its police department, or any of its members.

(Fowler, Admx., v. City of Cleveland, 100 Ohio St., 158, overruled; Frederick, Admx., v. City of Columbus, 58, Ohio St., 538, and Wheeler v. City of Cincinnati, 19 Ohio St., 19, followed and approved.)

Judgment affirmed and judgment for defendant in error.

Marshall, C. J., Hough, Robinson, Matthias and Clark, JJ., concur. Wanamaker, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.