2 Ohio Law. Abs. 8 | Ohio | 1923
Epitomized Opinion
First Publication of this Opinion
Butler was struck and injured by a truck
The truck was under the management of department whose duties with reference to street cleaning come within the general classification of governmental functions, but whose duties with reference to parks and public property come within the general classification of proprietary functions. The only evidence as to the mission of the truck being that the broom shell was to be shipped “for a sample,” no inference as to which of the two functions the city was engaged in, can reasonably be made. The purpose of the shipment was decisive. Plaintiff thus failed to furnish any proof of the liability of the city. Judgment was reversed and judgment entered for city.