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Full-Text Articles in Law
Governmental Immunity Of County Hospitals, Alice K. Henry
Governmental Immunity Of County Hospitals, Alice K. Henry
Cleveland State Law Review
The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Cleveland State Law Review
In a recent Ohio case, the Supreme Court handed down a unanimous opinion that a municipality that voluntarily owns and operates a swimming pool primarily for the benefit of its citizens (who might be interested), does so in the exercise of a proprietary function and is answerable for its negligence. Both the courts and legal writers have long recognized the problem of distinguishing between governmental and proprietary functions. And as it appears that the distinction will be with the courts for at least some time to come, the real problem is to rexamine the tests to see if a workable …