Starling v. Bd. of Commrs. of Portage County

OPINION

By NICHOLS, J.

This cause comes into this court on error from the Common Pleas Court of Portage County, Ohio. The parties remain in the same relative position as in the Common Pleas Court, and will be referred to herein as plaintiff and defendant.

• Plaintiff’s action was instituted against the defendant under authority of §2408, GC, wherein it is provided:

“The board * * * shall be liable in its official capacity for damages received by reason of its negligence or carelessness in not keeping any such (county) road * * * in proper repair.”

The plaintiff claimed damages for injuries alleged…