Farrell v. City of Long Beach

CourtCalifornia Court of Appeals
Citation132 Cal.App.2d 818,283 P.2d 296
Decision Date11 May 1955
PartiesDennis FARRELL, a minor, by A. J. Farrell, his guardian ad litem, and A. J. Farrell, individually, Plaintiffs and Appellants, v. CITY OF LONG BEACH, a municipal corporation, Harold Fairly, Doe 1, Doe II, and Doe III, Defendants. City of Long Beach, a municipal corporation, Respondent. Civ. 20627.

Ball, Hunt & Hart, Long Beach, for appellants.

Dryden, Harrington, Horgan & Swartz, Los Angeles, for respondent.

MOORE, Presiding Justice.

The question here posed is whether the complaint can be so amended as to state a cause of action based upon the negligence of the municipality.

Plaintiff alleges that he is a youth twelve years of age; that the city maintains the Somerset Playground on Carson Street and another on Cherry Avenue for children's recreational purposes; that while he was at Somerset for the purpose of participating in children's recreational activities the City's agent, Harold Fairly, negligently directed plaintiff 'to proceed from said Somerset Playground to said playground located at 45th Street and Cherry Avenue to participate in said children's recreational activities and negligently instructed * * * plaintiff to ride upon the handle bars of the bicycle of another boy in proceeding to said playground and negligently * * * directed said plaintiff that he, Harold Fairly, would ride upon the bicycle of plaintiff to said playground, and carelessly * * * proceeded to said playground upon plaintiff's bicycle; that plaintiff * * * proceeded to said playground upon the handle bars of the bicycle of said other boy and, while plaintiff was so riding, his body became caught in the wheel of said bicycle and he was thrown to the ground. As a proximate result of said negligence * * * plaintiff suffered personal injuries and was made sick, sore and lame and was generally damaged in the sum of $25,000.'

Appellant contends that the court was in error in holding (1) that the operation of the playground was a governmental activity and (2) in denying plaintiff the right to amend the complaint. Such contention is contrary to law.

The maintenance of children's playgrounds and recreational centers for the general use of the children of the city are referable solely to the duty of maintaining public health which is one of the delegated functions of sovereignty. They do not in any sense partake of the nature of an ordinary business enterprise. Kellar v. City of Los Angeles, 179 Cal. 605, 608-609, 178 P. 505. The fostering and safeguarding of public health is a governmental function, although providing mere amusement or entertainment is not. Plaza v. City of San Mateo, 123 Cal.App.2d 103, 111, 266 P.2d 523. A child injured accidentally on a public playground cannot recover for his injuries in the absence of proof that he was injured as a result of the dangerous or defective condition of the playground. Government Code, § 53051; 1 Schmidt v. City of Vallejo, 122 Cal.App. 5, 7, 9, 10 P.2d 107. It follows that not only is no cause of action stated in the complaint, but it is not possible to allege a valid cause of action for the reason that the playground itself was not directly responsible for p...

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9 cases
  • Condemarin v. University Hosp.
    • United States
    • Supreme Court of Utah
    • May 1, 1989
    ...Palo Alto, 100 Cal.App.2d 336, 341-342, 223 P.2d 639), but one injured in a children's playground may not (Farrell v. City of Long Beach, 132 Cal.App.2d 818, 819-920, 283 P.2d 296); for torts committed in the course of a "governmental function" there is no liability, unless the tort be clas......
  • Holder v. City of Santa Ana
    • United States
    • California Court of Appeals
    • June 27, 1962
    ...of the aforesaid Government Code section. (Seybert v. County of Imperial, 162 Cal.App.2d 209, 212, 327 P.2d 560; Farrell v. City of Long Beach, 132 Cal.App.2d 818, 283 P.2d 296; Schmidt v. City of Vallejo, 122 Cal.App. 5, 7, 10 P.2d 107.) Therefore, the only legal issue presented on appeal ......
  • Muskopf v. Corning Hospital Dist.
    • United States
    • United States State Supreme Court (California)
    • January 27, 1961
    ...Palo Alto, 100 Cal.App.2d 336, 341-342, 223 P.2d 639), but one injured in a children's playground may not (Farrell v. City of Long Beach, 132 Cal. App.2d 818, 819-820, 283 P.2d 296); for torts committed in the course of a 'governmental function' there is no liability, unless the tort be cla......
  • Carr v. City and County of San Francisco
    • United States
    • California Court of Appeals
    • April 30, 1959
    ...governmental, and not a proprietary, function, Kellar v. City of Los Angeles, 179 Cal. 605, 608-609, 178 P. 505; Farrell v. City of Long Beach, 132 Cal.App.2d 818, 283 P.2d 296; Meyer v. City and County of San Francisco, 9 Cal.App.2d 361, 49 P.2d 893; Schmidt v. City of Vallejo, 122 Cal.App......
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