Schmolzer v. Columbus (City)

Ohio Court of Appeals

Schmolzer v. Columbus (City)

2 Ohio Law. Abs. 329

CourtOhio Court of Appeals

DecidedFebruary 28, 1924

DocketNo. 1083

StatusPublished

Cited by1 cases

This text of 2 Ohio Law. Abs. 329 (Schmolzer v. Columbus (City)) 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.

Bluebook

Schmolzer v. Columbus (City), 2 Ohio Law. Abs. 329 (Ohio Ct. App. 1924).

Pincite

Opinion

KUNKLE, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

This is an action by Schmolzer to recover from the City of Columbus damages for a tort alleged to have been committed by one of the police officers. In affirming the judgment denying a recovery, the Court of Appeals held:

1. The determination of this case is controlled by the decision of the Supreme Court in the Aldrich case, 106 OS. 348. The municipality is not liable -for injuries growing out of [330]*330the exercise by the municipality of its governmental power, and there is no distinction between a case where the municipality acts under a statute and a case where it acts under its charter as in the instant case.

Attorneys — Hogan, Hogan & Hogan, for Schmolzer; C. A. Leach and C. F. Laylin, for Columbus, all of Columbus.

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