
    LIABILITY OF CITY FOR FALSE ARREST BY POLICE OFFICER.
    Court of Appeals for Franklin County.
    Jay H. Burwell v. The City of Columbus, Ohio.
    
    Decided September 29, 1920.
    
      Municipal Corporations — Illegal Act Vy a Policeman — Not a Basis for an Action Against the City.
    
    A city is not liable for the action of a police officer in making an arrest under a state law.
    W. B. McLeshey, for plaintiff in error.
    
      Scarlett, Leach & Godown, for defendant in error.
    
      
       Motion for an order requiring the Court of Appeals to certify its record in this case overruled by the Supreme Court, December 14, 1920.
    
   Allread, J.

The action in the court below was brought by Burwell against O’Connor a police officer and the city of Columbus to recover damages for a false arrest.

The city of Columbus interposed a demurrer to the .petition which was sustained and a final judgment rendered in favor .of the city. Error is prosecuted to that ruling and judgment.

Counsel for plaintiff in error in their brief claim as one. ground of liability that the city of Columbus failed to require a bond of the policeman whose illegal act made the basis of the action. We find no averment in the petition on that subject and we can not, therefore, consider what ívould be the result in a case wherein it was averred that the city failed to require a bond of a police officer. We think the authorities, particularly in this state, are to the effect that a city is not liable for the action of a police officer in making an arrest under the state law. A police officer in such case while he holds a commission from the city acts for the state. We have examined the case of Fowler v. City of Cleveland andi are of opinion that the Fonder case is esenlially different from the case under consideration.

Judgment affirmed.

Ferneding and Kunkle, JJ., concur.  