Bell v. City of Cincinnati

Citations

• 80 Ohio St. (N.S.) 1

Syllabus

<p>Municipal corporation control of workhouse — Not in proprietary relation to inmates — Sections 1536-100 and 1536-677, Revised Statutes — Also Sections 2100 and 2105, Revised Statutes — Workhouse guards perform service to public — Workhouse maintained not for profit — Guard injured by explosion — Municipality not liable, when^Law of corporations — Law of negligence.</p> <p>1. By paragraph twenty (20) of Section-1536-100, Revised Statutes (Section 7, Municipal Code), a municipal corporation is authorized to establish, maintain and regulate a workhouse therein; and by Section 1536-677, Revised Statutes (Section'141, Municipal Code), the directors of public service are invested with the management and control of such workhouse in behalf of the corporation, and in so managing and controlling said workhouse, th“ municipal corporation, through its directors of public-service, acts in a governmental capacity, and not in a proprietary or business relation to the inmates or persons in its employ.</p> <p>2. A person sentenced to the workhouse shall be kept and confined at hard l bor therein, or if such labor cannot be furnis..ed therein, such person may be employed elsewhere within the corporate limits, if so authorized by ordinance, and shall there be subject to the rules, regulations and discipline of the workhouse, until discharged, as provided in Section 2100, Revised Statutes, and the performance of hard labor in a stone quarry under con.trol of the corporation within its limits, as an adjunct to the workhouse, is within the provisions of said section.</p> <p>3. Under the provisions of Section 2105, Revised Statutes, the workhouse guards have such powers of policemen as may be-necessary for the proper performance of the duties of their position, and while in the discharge pf such duties, are performing service to the public in aid of the enforcement of law and order.</p> <p>4. Such workhouse is not established, nor can it be legally managed and maintained merely for pr