# Osborn v. City of Akron

> Ohio Supreme Court · December 21, 1960 · 171 Ohio St. (N.S.) 361

URL: https://www.frixlaw.com/law-library/cases/8355682

## Case

- **Full name:** Osborn v. City of Akron
- **Court:** Ohio Supreme Court
- **Decided:** December 21, 1960
- **Citations:** 171 Ohio St. (N.S.) 361
- **Precedential status:** Published
- **Opinion:** Dissent by Weygandt
- **Judges:** Bell, Herbert, Matthias, Neill, Taet, Weygandt, Zimmerman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8355682

## Opinion text

Weygandt, C. J.,
dissents for the reason that the Court of Appeals was correct in its unanimous summary of the case in the following statement:
“In the instant case, however, we have a claim for a private nuisance, and we have the city engaging in the disposal of garbage and rubbish not only for its own inhabitants, but it is also engaged, for a fee, in the business of disposing of the same matter for other municipalities and private parties. In thus performing this function, it acts in a proprietary capacity, and hence is subject to the common-law rule of liability for conduct which causes injury to another.”
City of Cleveland v. Russo, Admr., 98 Ohio St., 465 ; City of Toledo v. Cone, 41 Ohio St., 149 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8355682. Public record. Not legal advice.