Fowler v. City of Cleveland

Citations

• 100 Ohio St. (N.S.) 158

Syllabus

<p>Municipal corporations — Liability for negligence — Governmental or ministerial functions — ■Respondeat superior applies, when — Constitutional law — Of redress in courts — Negligent operation of fire truck.</p> <p>1. Section 16, Article I of the Constitution, guarantees to every person for injury done him in his lands, goods,' person or reputation remedy by due course of law.</p> <p>2. It is not the policy of government that the state or any of its subdivisions shall, in the absence of special provision, indemnify persons for loss or damage either from lack of proper laws or administrative provisions; nor from inadequate enforcement of laws or the inefficient operation of such provisions.</p> <p>3. But where a wrongful act which has caused injury was done by the servants or agents of a municipality in the performance of a .purely ministerial act which was the proximate cause of . the injury without fault on the part of the injured person respondeat superior applies and the municipality is liable.</p> <p>4. Frederick, Admx., v. City of Columbus, 58 Ohio St., 538, overruled.</p>