Farrell v. City of Long Beach
Court | California Court of Appeals |
Citation | 132 Cal.App.2d 818,283 P.2d 296 |
Decision Date | 11 May 1955 |
Parties | Dennis 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.
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
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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