Morrissey v. Cincinnati

Citations

• 23 Ohio C.C. Dec. 541
• 14 Ohio C.C. (n.s.) 19

Syllabus

<p>1. Respondeat Superior Applies to City Contract Performed under Direction of City Inspector.</p> <p>Under a contract for city work, where the specifications provide that “the work is to be commenced at such time after date of contract as the hoard of public service may order and carried on in such places and in such manner as the engineer or inspector shall direct,” the relation between the parties is not independent and the rule of respondeat superior applies.</p> <p>2. Liability of City for Damage Caused by Uso of Dynamite in City Contract, Question of Fact for Jury.</p> <p>In an action for damages on account of injury to a building from the explosion of dynamite in the street, the question of negligence in the amount of dynamite used and the effects of its explosion upon surrounding buildings, and particularly that of the plaintiff, should be submitted to the jury.</p> <p>[Synabus approved by the court.]</p>