United States Fidelity & Guaranty Co. v. Samuels

5 Ohio Law. Abs. 349

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.