McCombs v. Town Council of Akron
Ohio Supreme Court
. This is a writ of error to the Supreme Court of Summit county, returnable in bank, brought to reverse a judgment of that court, affirming the judgment of' the court of common pleas.
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. This is a writ of error to the Supreme Court of Summit county, returnable in bank, brought to reverse a judgment of that court, affirming the judgment of' the court of common pleas. The original action was in case against the town council of Akron for cutting down a street, whereby the house and lot of the plaintiff suffered an injury. *Plea, the general issue, and that notice of the act of inoorporation, and the ordinances of the town, conferred the full power to cut down and grade the street, and that it was done in a legal and judicious manner. Yerdict and judgment for the defendant. The…
1Opinion of the CourtRead, J.
The sole question in this ease is, whether a municipal corporation can be made liable for an injury resulting to the property of another, by an act of such corporation, strictly within the scope of its corporate authority, and unattended by any circumstance of negligence or malice.. The case of Rhodes v. City of Cleveland, 10 Ohio, 159, with admirable good sense and strength of reason, answers this question, by asserting that corporations are liable, like individuals, for injuries, although the act was not beyond their lawful powers. The late learned Ch. J. Lane, who pronounced the opinion of…
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