
    Robert A. Grimwood v. The Commissioners of Summit County.
    The act of March 30, 1868 (S. & S. 89), amending section 7 of the act of March 12, 1853 (S. & C. 244), does not, by implication or otherwise, extend the liability of boards of county commissioners to cases for negligence in the discharge of their official duties.
    Motion for leave to file a petition in error to reverse the judgment of the District Court of Summit county.
    The original action was brought in the Summit County Common Pleas, by the plaintiff in error, to recover of the defendants, as commissioners of Summit county, damages resulting from the wrongful and negligent construction of an embankment made by order of the defendants in and about the opening and grading of a public highway, whereby water was diverted from its natural channel and flowed back on the lands of the plaintiff.
    On demurrer to the petition, judgment was rendered against the plaintiff, and on petition in error this judgment was affirmed in the District Court.
    
      Edgerton & Kohler, for the motion.
    
      Edward Oviatt, contra.
   By the Court.

This motion is overruled on the authority of The Board of Commissioners of Hamilton County v. Mighels, 7 Ohio St. 109.

At the date of the decision above named, original section 7 of the act of March 12, 1853 (S. & C. 244), was in force, and it is claimed by plaintiff in error that the liability of boards of county commissioners to be sued, is extended to cases for negligence in the discharge of their official duties by implication arising from the act of March 30, 1868 (S. & S. 89), amending that section, whereby the capacity of such •boards to sue is extended to cases for damages done to the property of the county. We think no such implication -arises.

Motion overruled.  