City of Akron v. Butler
Ohio Supreme Court
City of Akron v. Butler, 1 Ohio Law. Abs. 468 (Ohio 1923)
Day, Jones, Marshall, Matthias, Robinson, Wanamaker
City of Akron v. Butler
Opinion of the Court
Where the plaintiffs in an action against a municipality to recover damages for personal injuries caused by the negligence of a servant of the municipality fails to offer any evidence tending to prove that the servant at the time was engaged in the performance of a proprietary function of the mmu-nicipality, as distniguished from a governmental function delegated by the sovereign state, a motion to direct a verdict at the close of the plaintiff’s case should be sustained.
Judgment reversed and judgment for plaintiff in error.
Reference
- Full Case Name
- The City of Akron v. T. Melvin Butler
- Status
- Published