Rose v. City of Gypsum

Citations

• 104 Kan. 412
• 179 P. 348
• 1919 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporation — Vested with Powers in Dual Capacity. A municipality has a dual capacity — one as an agency of the state, in which it is vested with powers which are purely governmental, legislative and public; and the other which is proprietary, commercial, quasi-private and ministerial.</p> <p>2. Same — Negligence of City — Officials Exercising Governmental Powers. The rule followed that a city is not liable for the negligence of its officials in those matters which relate to the city’s governmental powers as an agent of the state.</p> <p>3. Same — Liability of City for Negligence of City Officials. The duty of a city and its officials to forbid and prevent an automobile race on one of its streets and to provide police and protection against such misuse of the street is a governmental power and duty, and for negligence in the discharge of such duty the city is not liable, because there is no statute imposing such liability.</p> <p>4. Same. During a four days’ street carnival in Gypsum City, an automobile race was run on a public street. . One car swerved, and struck and fatally injured one of the onlooking bystanders. In an action for damages against the wrongdoers, the city was also made a defendant on the theory that it was liable for the negligence of its officials “in allowing the race to be run and not providing police and protection.” Held, that while all the wrongdoers are individually liable in damages, and criminally liable for manslaughter, the city of Gypsum City is not liable.</p>