City of Norwood v. Sheen

It is strenuously urged on behalf of the city of Norwood that the decision in the case of Hutchinson v. City of Lakewood,125 Ohio St. 100, 180 N.E. 643, compels a reversal of this judgment. That case held that the construction of a sewer, in the absence of statute, by a municipality is a governmental function, and that no liability arises against such municipality for negligence in the performance of that function.

We have not here, however, the case of the construction of a sewer by a municipality, and hence the Hutchinson case does not apply. The sewer in question here was constructed by…