City of Hattiesburg v. Geigor

Citations

• 118 Miss. 676
• 79 So. 846

Syllabus

<p>1. Municipal Corporations. Torts. Governmental duties. Fire department.</p> <p>Where a city fireman was injured while driving his engine from a temporary shed to the fire barn, because of a piece of lumber projecting over the door of the shed, he cannot recover against the city on the ground that the fire chief was negligent in housing the engine in such shed, since the injury was caused by an act performed in the discharge of a governmental duty, for which the city is not liable.</p> <p>2. Same.</p> <p>In such case, the fact that plaintiff was an employee of the city makes no difference. Neither does it make any difference that he was not, at the time of his injury, actually going to a fire, since, at the time of his injury, he was engaged in one. of his duties in looking after the horses, and equipment of the fire department, and it is essential to maintain and operate this department, and these are governmental functions.</p>