Legal Opinion

Broughton v. City of Cleveland

Ohio Supreme Court

Decided November 20, 1957No. 35086Published

1Opinion of the CourtZimmerman, J.

The generally recognized rule that a municipality is not liable for torts committed by its employees in the exercise of a function of the municipality which is governmental in character has been subject to sharp criticism. It is argued that such rule having its origin in the ancient and obsolete maxim that “the king can do no wrong” has no place in this modern day- with its enlightened sociological concepts and governmental changes, and that the rule of nonliability is unfair and unjust in that the burden of damages resulting from the tortious or wrongful acts of the government should be…

2Cases cited19 opinions

  1. City of Wooster v. ArbenzOhio Supreme Court · 1927
  2. Aldrich v. City of YoungstownOhio Supreme Court · 1922
  3. Doud v. City of CincinnatiOhio Supreme Court · 1949
  4. City of Portsmouth v. Mitchell Manufacturing Co.Ohio Supreme Court · 1925
  5. Davis v. Charles Shutrump & Sons Co.Ohio Supreme Court · 1942

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