Legal Opinion

Allison v. Board of Co Commrs

Ohio Court of Appeals

Decided March 18, 1935No. 1350PublishedCited by 3 opinions

1Opinion of the Court

*75OPINION

By KLINGER, PJ.

There is no dispute in the evidence but what the plaintiff was seriously injured, and there is no dispute as to the highway and bridge construction.

Under the common law no right of recovery would exist, and the plaintiff seeks to recover in this action by virtue of the provisions of §2408 GC, and since there was no common law liability, this section must be strictly construed.

In 103 Oh St 249, the Supreme Court held that a board of county commissioners is not liable in its official capacity for damages for negligent discharge of its official duties except in so far as…

2Cited by3 opinions

  1. Heckert v. PatrickOhio Supreme Court · 1984
  2. Ditmyer v. Board of County Commissioners of Lucas CountyOhio Supreme Court · 1980
  3. Sheley v. Swing, Court of Common Pleas of Ohio, Hamilton County1938

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