Etzensperger & Orschak v. Cleveland (City)

Citations

• 35 Ohio C.C. Dec. 254
• 25 Ohio C.C. (n.s.) 303
• 1902 Ohio Misc. LEXIS 280

Syllabus

<p>MUNICIPAL CORPORATIONS</p> <p>1. Municipal Corporations Liable for Negligence of Officers when Acting in Ministerial Capacity.</p> <p>Though municipal corporations are not liable for injuries caused by the negligence of officers while acting in a governmental, legislative or judicial capacity, they are liable to the same extent as private corporations when the Injury is caused by negligence in performing some duty which is purely ministerial.</p> <p>2. Municipality Liable for Negligence in Construction of Building. While the preparation and adoption of plans for a public building are the exercise of governmental and judicial functions, the construction of the building is ministerial, and when it is so negligently done that the building collapses upon the property of another, the municipality is liable in damages.</p>