149 N.E.2d 238 (Ohio 1958), 35217, Lucas v. Carney

Citation: 149 N.E.2d 238, 167 Ohio St. 416

Opinion Judge: STEWART, J.

Party Name: LUCAS et al., Appellants, v. CARNEY et al., Board of County Commissioners of Mahoning County, Appellees (two cases).

Attorney: Morgan, Powers & McGuffin, Youngstown, for appellants. Where, in creating a public improvement upon land which it owns, a county without negligence or malice but solely as a result of the creation of such improvement physically encroaches upon the land and property of another owner and deprives t...

Judge Panel: WEYGANDT, C. J., and ZIMMERMAN and BELL, JJ., concur. TAFT, MATTHIAS and HERBERT, JJ., concur in the judgment as to cause No. 35217 but dissent as to cause No. 35218. MATTHIAS and HERBERT, JJ., concur in the foregoing opinion by TAFT, J.

Case Date: April 02, 1958

Court: Ohio Supreme Court