Hall v. City of Youngstown

The only question to be resolved by this court in this case is whether the defendant was acting in a governmental capacity or a proprietary capacity in providing the allegedly defective hydrant.

Defendant relies heavily on prior decisions of this court as reason for this court to decide the issue before us adversely to plaintiff. The earliest case relied upon by defendant is the case of Wheeler v. Cincinnati, 19 Ohio St. 19. The syllabus in the Wheeler case provides:

“The power conferred by the statute, on cities of this state, to organize and regulate fire companies, and provide engines, etc.,…