Schneider v. City of Cincinnati
Ohio Superior Court, Cincinnati
Wheeler v. City, 19 O. St., p. 19, holds that powers conferí ed on municipal corporations, that are in their nature legisgislative and governmental, are to be governed in their exercise by the judgment and discretion of the proper municipal authurifies; and for any defect in the execution of such powers the corporation can not be held liable to individuals.
Read the full summary
Wheeler v. City, 19 O. St., p. 19, holds that powers conferí ed on municipal corporations, that are in their nature legisgislative and governmental, are to be governed in their exercise by the judgment and discretion of the proper municipal authurifies; and for any defect in the execution of such powers the corporation can not be held liable to individuals. Conneaut v. Neaf, 54 Ohio St., 529. Cireleville v. Sloan, 59 O. St., 285 (302) : The question was whether city is liable for defect in execution of plea for local improvement. Contention was that the execution was exercise of a legislative…
1Opinion of the CourtHosea, J.
Heard on motion to direct a verdict.
This motion raises important questions and places upon the court the possible necessity of 'assuming a responsibility that a court would much prefer to leave with a jury; but it is the 'duty of the court to so a,ct if the facts require it, and it is reversible error not to do so.
*59The plaintiff’s testimony shows that she lived in the immediate vicinity of the place of the 'accident, on the same side of the street, for about a year and a half prior thereto, and frequently passed over the sidewalk where the accident occurred. Au alley comes down from a higher…
2Cases cited6 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Hyatt v. Trustees of RondoutNew York Supreme Court · 1863
- Clark v. City of LockportNew York Supreme Court · 1867
- Roberts v. BerdellNew York Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.