Selden v. City of Cuyahoga Falls

The first question for determination is whether it was prejudicially erroneous for the trial court to charge the jury on the subject of common-law negligence not involving the element of nuisance.

To simplify and shorten this discussion, it should be noted that the defendant municipality here acted in a governmental rather than a proprietary capacity in the construction and maintenance of its park with a swimming pool for the use and benefit of the general public. City of Mingo Junction v. Sheline, Admx., 130 Ohio St., 34, 196 N. E., 897 ; 57 A. L. R., 402. This seems to he conceded by the…