Butler v. City of Kansas City

Citations

• 97 Kan. 239
• 155 P. 12
• 1916 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City Pesthouse — Maintenance a Governmental Duty. Where a municipal corporation maintains a pesthouse for the treatment and isolation of persons who have been exposed to or affected with smallpox, it performs a governmental duty.</p> <p>2. City Pesthouse — Negligence in Keeping — City Not Liable for Damages. The rule that the governmental agencies of the state are not liable in an action of tort for either misfeasance or nonfeasance is applied to an action against a city to recover damages for personal injuries resulting from the defective condition of the floor of a pest-house where plaintiff, who was affected with smallpox, was confined by the city authorities.</p>