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HYDE v. CITY OF LAKEWOOD

Nos. 38459 and 38955.

2 Ohio St. 2d 155 (1965)

HYDE, APPELLANT, v. CITY OF LAKEWOOD, APPELLEE. HOLT, APPELLEE, v. CITY OF CINCINNATI, APPELLANT.

Supreme Court of Ohio.

Decided May 19, 1965.

Attorney(s) appearing for the Case

Messrs. McDonald, Hopkins & Hardy and Mr. Ellis B. Brannon, for appellant in case No. 38459.

Mr. John L. Lamb, director of law, and Mr. Harold J. Craig for appellee in case No. 38459.

Messrs. Lindhorst & Dreidame and Mr. James L. O'Connell, for appellee in case No. 38955.

Messrs. Rendigs, Fry, Kiely & Dennis, Mr. John A. Kiely and Mr. William A. McClain, city solicitor, for appellant in case No. 38955.

ZIMMERMAN, J.

This court has not yet abandoned the principle that, where a municipal corporation is engaged in the exercise of a governmental function and a tort is committed by it while it is so engaged, there is no liability. In line with a number of other jurisdictions, Ohio still adheres to the general rule that, unless there is a statute removing immunity, a governmental unit or agency may escape liability for the commission of a tort upon a showing that a governmental...

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