Chambers v. City of Dayton

KEITH, Justice.

Chambers, as plaintiff, brought this suit to recover damages for personal injuries he sustained when he was injured while working upon the construction of a sanitary sewer system for the defendant, City of Dayton. The parties will be designated as they appeared in the trial court. The defendant’s motion for summary judgment, predicated upon the proposition that in the construction of the sanitary sewer system it was acting in a governmental capacity, was sustained, from which the appeal is taken.

There were and are no disputed facts surrounding the work being done by plaintiff…