Hyde v. City of Lakewood
Ohio Supreme Court
Hyde v. City of Lakewood, 31 Ohio Law Rep. 58 (Ohio 1965)
Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
Hyde v. City of Lakewood
Opinion of the Court
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.
Reference
- Full Case Name
- Hyde v. City of Lakewood, appellee Holt v. City of Cincinnati
- Status
- Published