United States Fidelity & Guaranty Co. v. Samuels

Ohio Supreme Court

United States Fidelity & Guaranty Co. v. Samuels

5 Ohio Law. Abs. 349

CourtOhio Supreme Court

DecidedMay 25, 1927

DocketNo. 20171

StatusPublished

This text of 5 Ohio Law. Abs. 349 (United States Fidelity & Guaranty Co. v. Samuels) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States Fidelity & Guaranty Co. v. Samuels, 5 Ohio Law. Abs. 349 (Ohio 1927).

Pincite

Opinion

MATTHIAS, J.

1. Where in the dishharge of official duty a polce officer fails to take that precaution or exercise that eare which due regard for otheis requires, resulting in injury, his conduct constitutes misfeasance.

2. A surety on the bond of a motor cycle police officer with a condition that he “shall faithfully perform the duties of the office of policeman of said city” is liable for the negligent operation of a motor vehicle by such officer in the performance of his official duties.

Judgment affirmed.

Marshall, CJ., Day, Allen, Kinkade, Robinson and Jones, JJ., concur.

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MATTHIAS, J.

1. Where in the dishharge of official duty a polce officer fails to take that precaution or exercise that eare which due regard for otheis requires, resulting in injury, his conduct constitutes misfeasance.

2. A surety on the bond of a motor cycle police officer with a condition that he “shall faithfully perform the duties of the office of policeman of said city” is liable for the negligent operation of a motor vehicle by such officer in the performance of his official duties.

Judgment affirmed.

Marshall, CJ., Day, Allen, Kinkade, Robinson and Jones, JJ., concur.

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Bluebook (online)

5 Ohio Law. Abs. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-guaranty-co-v-samuels-ohio-1927.