City of Columbus v. McIlwain

T. Gr. McIlwain and wife Alma S. McIlwain sued the City of Columbus, and A. A. Marshall, superintendent of its water works department, to recover $7,500.00, the value of property destroyed by fire through the negligence of defendants, so asserted by plaintiffs, in not extinguishing the fire. There was a verdict against defendants in the sum of $2,500.00, upon which judgment was entered, from which the defendants appeal here.

Two main questions are involved on the appeal. Was actionable negligence shown? Was the City acting in a governmental, as distinguished from a proprietary, capacity?

On the…