Washington Township v. Rapp

OPINION

By KLINGER, J.

The plaintiff can recover only under the facts pleaded under the doctrine of respondeat superior; and under the common law this dpctrine was not available as against a political subdivision, such as the defendant in this action.

Dunn v Agricultural Society, 46 Oh St, 93;

38 Cyc., 640;

1 L.R.A., 754.

So that, if the plaintiff can recover from the township, it must be by virtue of §3298-17, GC. Since this statute is in derogation of the common law, it must be strictly construed.

Board of Commissioners v Transfer & Storage Co., 75 Oh St, 244;

Ebert v Commissioners, 75 Oh St, 474;

Le…