Legal Opinion · Dissent

Bales v. Board of County Commissioners

Ohio Court of Appeals

Decided April 16, 1928Published

1DissentVickery, J.

I feel it my duty to give expression to my views of this case.

It seems that the plaintiff in error, plaintiff below, as administratrix, brought an action against the county commissioners to recover for the death of her husband by reason of the automobile in which he was a passenger coming in contact with a pile of broken stones that was placed upon the county road within the county of Cuyahoga.

If the county commissioners are liable at all they are responsible by virtue of Section 2408, General Code, which reads as follows:

“The Board of County Commissioners may * * * be sued * * * in any court…

2Cases cited1 opinion

  1. Whitney v. NiehausOhio Court of Appeals · 1915

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