Board of Education v. Volk

Citations

• 72 Ohio St. (N.S.) 469

Syllabus

<p>Board of education not liable for damages — For negligence in-erecting school house, when — Section 2676, Revised Statutes, does not apply to school boards, when — Law of negligence and public corporations.</p> <p>1. A board of education is not liable in its corporate capacity for damages, where, in excavating on its own lots for the erection of a school building, it wrongfully and negligently carries the excavation below the statutory depth' of nine feet, thereby undermining and injuring the foundation and walls of a building of an adjoining owner.</p> <p>2. Section 2676, Revised Statutes, creating a liability against an “owner” or “possessor” of premises whereon such wrongful and unlawful excavation is made, does not apply to boards of education holding title to the lot or land being excavated, for school and school building purposes.</p>