Fankhauser v. City of Mansfield

The nature and extent of the liability of municipal corporations in Ohio has been the subject of extensive comment, both by judges and text-writers. The judicially established rule, which is based upon the traditional doctrine of sovereign immunity, is that a municipality is not liable for damages resulting from the exercise of a governmental function. Damage caused in the exercise of a proprietary function is actionable. However, this distinction has not always been a part of Ohio law. See *105Commrs. of Brown County v. Butt (1826), 2 Ohio 349; Goodloe v. Cincinnati (1831), 4 Ohio 500; Rhodes v.…