Lynch v. City of North Yakima

Citations

• 37 Wash. 657
• 80 P. 79
• 1905 Wash. LEXIS 787

Syllabus

<p>Municipal Corporations — Fire Department — Injury to Teamster — Negligence of Officers — Governmental Functions. A city is not liable to a teamster in its fire department for injuries sustained while training horses, by reason of the negligence of the chief of the department in representing that a vicious horse was gentle, and in failing to supply a necessary appliance for tho work, since there is no liability for the improper discharge of governmental functions by city officers.</p> <p>Municipal Corporations — Government Functions — Conta-</p> <p>gious Diseases — Negligence of Officers. The care of persons afflicted with contagious diseases is a governmental function, so that the city is not ordinarily liable in damages for the negligence of its officers in performing the service.</p> <p>Same — Vicious Horses — Notice — Contributory Negligence. A teamster in a fire department who for seven weeks had been handling a team of horses, is bound to know whether they are vicious, and if so, he is guilty of contributory negligence in placing himself where he might be kicked.</p> <p>Same — Action foe Negligently Exposing City Employee to Smallpox — Contributory Negligence. In an action against a city for damages for negligently exposing an employee in the fire department to smallpox, the plaintiff is guilty of contributory negligence precluding a recovery, where it appears that he remained in the room and proceeded to fumigate the afflicted person when he might have departed, that being no part of his duty.</p>