United States Fidelity & Guaranty Co. v. Samuels

Ohio Supreme Court
United States Fidelity & Guaranty Co. v. Samuels, 5 Ohio Law. Abs. 349 (Ohio 1927)
Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson

United States Fidelity & Guaranty Co. v. Samuels

Opinion of the Court

MATTHIAS, J.

1. Where in the dishharge of official duty a polce officer fails to take that precaution or exercise that eare which due regard for otheis requires, resulting in injury, his conduct constitutes misfeasance.

2. A surety on the bond of a motor cycle police officer with a condition that he “shall faithfully perform the duties of the office of policeman of said city” is liable for the negligent operation of a motor vehicle by such officer in the performance of his official duties.

Judgment affirmed.

Marshall, CJ., Day, Allen, Kinkade, Robinson and Jones, JJ., concur.

Reference

Full Case Name
United States Fidelity and Guaranty Co. v. Elias Samuels
Status
Published