American Law And Procedure volume 9

Cover American Law And Procedure volume 9
American Law And Procedure volume 9
George Lewis 1816 1903 From Old Catalog Prentiss
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A recovery was allowed. So also in Galvin v. Mayor of New York (46) a recovery was permitted for injuries due to the unsafe condition of the county courthouse. It is not possible to reconcile such cases with other cases, often in the same jurisdic- tion, denying a recovery. For example, in Wisconsin the court denied that any liability existed on the part of a city for injuries arising from the unsafe condition of a school building, on the usual ground that in maintaining a school the city was a...cting in a purely public govern- mental capacity and as an agent of the state (47).
(44) 69 Kansas 587.
(45) 67 Wis. 24.
(46) 112 N. Y. 223.
(47) Folk v. Milwaukee, 108 Wis. 359.
70 MUNICIPAL CORPORATIONS § 60. Same: Comment and criticism. On the whole, it seems that only a few courts have adopted the rule which makes cities liable irrespective of the purposes for which the property is used, and that in most jurisdic- tions it is still true that if it be used for purely govern- mental purposes and no revenue be derived from the same, the city is not liable.


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