Davoust v. City of Alameda

Citations

• 149 Cal. 69
• 84 P. 760
• 1906 Cal. LEXIS 217

Syllabus

<p>Municipal Corporations — Liability for Negligence. — Although municipal corporations are not liable for the negligence of their officers or servants when acting in their governmental, political, or public capacity, in the absence of a statute' permitting it, yet, when the injury arises from the exercise of mere proprietary and private rights, they are liable for negligence, like individuals or private corporations.</p> <p>Id.—Negligent Operation of Electric-Light Plant — Liability of City for Death.—A city engaged in operating an electric-light plant owned by it for the purpose of lighting the city, and furnish- • ing electric light to its inhabitants for domestic use, is liable for the death of a person caused by its negligent operation.</p> <p>Id.—Authority to Board of Trustees.—It is immaterial to the liability of the city for the negligent operation of such plant that the authority to maintain it was given to the board of trustees of the city, and not in terms to the city.</p> <p>Id.—Proof of Negligence—Death from Live Wire—Way over Vacant Lot—License.—It appearing that the death was caused by a live wire negligently allowed by the city to remain upon a beaten path four feet wide over a vacant lot, which had for many years been used by residents of the neighborhood in going from their homes to a railroad station, the deceased must be deemed a licensee in crossing such path, and not a trespasser; and that the death was due to the negligence of the city is sufficiently proved.</p>