Ohio Supreme Court, 1965

Hyde v. City of Lakewood

Hyde v. City of Lakewood
Ohio Supreme Court · Decided May 19, 1965 · Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
31 Ohio Law Rep. 58

Hyde v. City of Lakewood

Opinion of the Court

Zimmerman, Judge.

1. Unless there is a statute removing immunity, a governmental unit or agency may escape liability for the commission of a tort upon a showing that a governmental function was being performed at the time the tort occurred.

2. Whether the performance of various activities by a municipality is governmental or proprietary frequently depends on the peculiar facts of the particular case. In one instance a municipally owned hospital may be found to be carrying on a governmental function in the manner of its operation, whereas in another instance a finding may be made that a municipally owned hospital is being operated in a proprietary capacity.

Judgments affirmed.

Taft, C. J., O’Neill and Brown, JJ., concur. Matthias, Herbert and Schneider, JJ., concur in case No. 38955 but dissent in case No. 38459.

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