City of Wooster v. Arbenz

For the purposes of this discussion we shall assume that the driver of the truck employed by the city and engaged in hauling the cinders was negligent and that his negligence was the proximate cause of the injuries sustained by Arbenz, and that Arbenz was himself free from negligence contributing thereto. We shall discuss this case wholly and solely upon the question of the character of the service then being rendered for the city by its agents and servants, and whether they were then engaged in the performance of a public and governmental function.

This court is for the present committed to…