
    No. 407
    No. 20171
    United States Fidelity and Guaranty Co. v. Elias Samuels.
    Error to the Court of Appeals of Mahoning county.
    865. OFFICE & OFFICERS — Failure of police officer to exercise ordinary care in performance of duty, with injury to others as a result, constitutes misfeasance. *
    1140. SURETY AND SURETYSHIP — Police officer’s surety liable for negligent operation of a motorcycle by such officer in the performance of his official duties.
   MATTHIAS, J.

1. Where in the dishharge of official duty a polce officer fails to take that precaution or exercise that eare which due regard for otheis requires, resulting in injury, his conduct constitutes misfeasance.

2. A surety on the bond of a motor cycle police officer with a condition that he “shall faithfully perform the duties of the office of policeman of said city” is liable for the negligent operation of a motor vehicle by such officer in the performance of his official duties.

Judgment affirmed.

Marshall, CJ., Day, Allen, Kinkade, Robinson and Jones, JJ., concur.  