Chaffin v. City of Montgomery, 3 Div. 946
| Decision Date | 22 March 1962 |
| Docket Number | 3 Div. 946 |
| Citation | 273 Ala. 492,142 So.2d 267 |
| Parties | Marlett M. CHAFFIN v. CITY OF MONTGOMERY. |
| Court | Alabama Supreme Court |
Albert W. Copeland, Godbold, Hobbs & Copeland, Montgomery, for appellant.
Walter J. Knabe, Montgomery, for appellee.
The Board of Commissioners of the City of Montgomery on December 30, 1958, adopted a resolution under which all of the public parks in the city were ordered 'closed beginning January 1, 1959, to all persons, regardless of color, until further action of the Parks and Recreation Board and the Mayor and Commissioners of the City of Montgomery.'
The adoption of that resolution followed litigation which had been instituted in the federal district court by several Negroes to compel the integration of the parks in spite of an ordinance of the City requiring white and colored persons to use the parks assigned to their respective races under penalty of fine and imprisonment.
The parks of the City of Montgomery were promptly closed to the public in accordance with that resolution and were still closed on July 9, 1960, when David Wayne Chaffin, a six-year-old boy, received fatal injuries while playing in an area owned by the City of Montgomery which had been used by the City as a public park prior to January 1, 1959.
The child was injured while playing on an appliance which had been used for the entertainment of children when the area had been open for public use as a park or playground.
This suit followed. It was filed under authority of § 119, Title 7, Code 1940, by the father, Marlett M. Chaffin, for the death of his minor son, alleged to have been caused by the negligence of the City of Montgomery.
The demurrer of the City of Montgomery to the complaint as amended was sustained. Plaintiff moved for a nonsuit and such a judgment was july entered.
Plaintiff below has appealed from that judgment. § 819, Title 7, Code 1940.
It is established in this state that a municipal corporation is not liable for injuries caused by the wrongful or negligent performance of its governmental functions. Smith v. City of Birmingham, 270 Ala. 681, 121 So.2d 867; City of Decatur v. Parham, 268 Ala. 585, 109 So.2d 692; City of Bay Minette v. Quinley, 263 Ala. 188, 82 So.2d 192.
It is also settled by the decisions of this court that the maintenance and operation of a recreational park by a municipal corporation is a governmental function. Smith v. City of Birmingham, supra; City of Decatur v. Parham, supra; Mathis v. City of Dothan, 266 Ala. 531, 97 So.2d 908; ...
To continue reading
Request your trial
-
Jackson v. City of Florence
...admits that, for him to prevail, this court must overrule a long line of cases including, but not limited to, Chaffin v. City of Montgomery, 273 Ala. 492, 142 So.2d 267 (1962); McSheridan v. City of Talladega, 243 Ala. 162, 8 So.2d 831 (1942); and McCarter v. City of Florence, 216 Ala. 72, ......
-
Jones v. City of Birmingham
...City of Decatur v. Parham, 268 Ala. 585, 109 So.2d 692; Smith v. City of Birmingham, 270 Ala. 681, 121 So.2d 687; Chaffin v. City of Montgomery, 273 Ala. 492, 142 So.2d 267; Houts v. City of Birmingham, 282 Ala. 375, 211 So.2d 504, show an unbroken line of decisions that the maintenance and......
-
Houts v. City of Birmingham, 6 Div. 538
...is not liable for injuries caused by the wrongful or negligent performance of its governmental functions. Chaffin v. City of Montgomery, 273 Ala. 492, 142 So.2d 267; Smith v. City of Birmingham, 270 Ala. 681, 121 So.2d 867; City of Decatur v. Parham, 268 Ala. 585, 109 So.2d 692; City of Bay......