Lloyd v. City of Toledo

Ohio Court of Appeals

Lloyd v. City of Toledo

180 N.E. 716, 42 Ohio App. 36, 10 Ohio Law. Abs. 371, 1931 Ohio App. LEXIS 446

CourtOhio Court of Appeals

DecidedJune 8, 1931

Docket2538

StatusPublished

Cited by7 cases

This text of 180 N.E. 716 (Lloyd v. City of Toledo) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lloyd v. City of Toledo, 180 N.E. 716, 42 Ohio App. 36, 10 Ohio Law. Abs. 371, 1931 Ohio App. LEXIS 446 (Ohio Ct. App. 1931).

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Opinion

*372 WILLIAMS, J.

In our judgment, the facts recited above, wl\ich are conceded by the pleadings, show that the hospital was a municipal institution maintained and operated at the expense of the city in the interest of and for the preservation of the public health, and the municipality in conducting the institution is performing a governmental function. The situation in this respect is not altered by the mere fact that there were some patients who paid for the accommodations and service. The rule is well settled that a municipal corporation is not liable for the torts of its officers and employes engaged in the operation of a municipal hospital, mainly at the public expense, to promote the public health. University of Louisville v Metcalf, 49 A. L. R., 375, 379.

For the reasons given the Court of Common Pleas did not err in sustaining the motion of the defendant for a judgment in its favor upon the pleadings.

Judgment affirmed.

LLOYD and RICHARDS, JJ, concur.

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*372 WILLIAMS, J.

In our judgment, the facts recited above, wl\ich are conceded by the pleadings, show that the hospital was a municipal institution maintained and operated at the expense of the city in the interest of and for the preservation of the public health, and the municipality in conducting the institution is performing a governmental function. The situation in this respect is not altered by the mere fact that there were some patients who paid for the accommodations and service. The rule is well settled that a municipal corporation is not liable for the torts of its officers and employes engaged in the operation of a municipal hospital, mainly at the public expense, to promote the public health. University of Louisville v Metcalf, 49 A. L. R., 375, 379.

For the reasons given the Court of Common Pleas did not err in sustaining the motion of the defendant for a judgment in its favor upon the pleadings.

Judgment affirmed.

LLOYD and RICHARDS, JJ, concur.

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180 N.E. 716, 42 Ohio App. 36, 10 Ohio Law. Abs. 371, 1931 Ohio App. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-city-of-toledo-ohioctapp-1931.

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