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

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.

Reference

Full Case Name
Hyde v. City of Lakewood, appellee Holt v. City of Cincinnati
Status
Published