Freel v. Sch. City of Crawfordsville

Citation142 Ind. 27, 41 N.E. 312
Case DateSeptember 17, 1895
CourtSupreme Court of Indiana

142 Ind. 27
41 N.E. 312

FREEL
v.
SCHOOL CITY OF CRAWFORDSVILLE.

Supreme Court of Indiana.

Sept. 17, 1895.


Appeal from circuit court, Montgomery county; J. M. Rabb, Special Judge.

Action by Cornelius J. Freel against the school city of Crawfordsville, Ind. Judgment for defendant. Plaintiff appeals. Affirmed.


M. E. Clodfelter, Geo. D. Hurley, and C. L. Thompson, for appellant. Paul & Bruner, for appellee.

MONKS, J.

Appellant brought this action to recover for personal injuries sustained by him while in the employment of appellee as a laborer, making repairs on a schoolhouse. A demurrer was sustained to the complaint, and judgment rendered for appellee. The only error assigned calls in question the ruling of the court in sustaining the demurrer to the complaint. If appellee is liable to respond in damages for the negligence of its officers or agents, the court erred in sustaining the demurrer to the complaint, as the same is otherwise sufficient.

School corporations in this state are a part of the educational system of the state, established in compliance with article 8 of the constitution (sections 182, 187, Rev. St. 1881; sections 182, 187, Rev. St. 1894), which makes it the duty of the legislature “to provide by law for a general and uniform system of common schools, where tuition shall be without charge and equally open to all.” They are involuntary corporations, organized, not for the purpose of profit or gain, but solely for the public benefit, and have only such limited powers as were deemed necessary for that purpose. Such corporations are but the agents of the state for the sole purpose of administering the state system of public education. It is the duty of the school trustees of a township, town, or city to take charge of the educational affairs of their respective localities, and, among other things, to build and keep in repair public-school buildings. In performing the duties required of them, they exercise merely a public function and agency for the public good, for which they receive no private or corporate benefit. School corporations, therefore, are governed by the same law, in respect to their liability to individuals for the negligence of their officers or agents, as are counties and townships. It is well established that where subdivisions of the state are organized solely for a public purpose, by a general law, no action lies against them for an injury received by a person on account of the negligence of the officers of such...

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53 practice notes
  • Clouse ex rel. Clouse v. State, No. CV-99-0023-PR.
    • United States
    • Supreme Court of Arizona
    • February 1, 2001
    ...functions only and are immune. See School Dist. No. 48, 30 Ariz. at 3-4, 243 P. at 609-10 (citing Freel v. School City of Crawfordsville, 142 Ind. 27, 41 N.E. 312, 312 ¶ 75 The operation of a county hospital was a governmental activity and thus immune, even though those able to pay were cha......
  • United States v. BOARD OF SCH. COM'RS OF CITY OF INDIANAPOLIS, IND., No. IP 68-C-225.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Southern District of Indiana)
    • December 6, 1973
    ...rel. Anderson v. Brand, supra; Campbell v. City of Indianapolis, 155 Ind. 186, 57 N.E. 920 (1900); Freel v. School City of Crawfordsville, 142 Ind. 27, 41 N.E. 312 (1895). Such corporations may only exercise the authority given them by the State, Ratcliff v. Dick Johnson School Tp., supra; ......
  • Clouse v. State, Dept. of Public Safety, No. CV-99-0023-PR.
    • United States
    • Supreme Court of Arizona
    • October 17, 2000
    ...governmental functions only and are immune. See School Dist. No. 48, 30 Ariz. at 3-4, 243 P. at 609-10 (citing Freel v. Crawfordsville, 142 Ind. 27, 41 N.E. 312, 312 ¶ 75 The operation of a county hospital was a governmental activity and thus immune, even though those able to pay were charg......
  • Jordan v. City of Logansport, No. 21,709.
    • United States
    • Indiana Supreme Court of Indiana
    • July 5, 1912
    ...of public schools. These subdivisions of the state are instrumentalities of the state government. Freel v. School City of Crawfordsville, 142 Ind. 27, 41 N. E. 312, 37 L. R. A. 301;Wilcoxon v. City of Bluffton, 153 Ind. 267, 270, 271, 54 N. E. 110;Edwards v. Trustees, etc., 143 Ind. 84, 92,......
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53 cases
  • Clouse ex rel. Clouse v. State, No. CV-99-0023-PR.
    • United States
    • Supreme Court of Arizona
    • February 1, 2001
    ...functions only and are immune. See School Dist. No. 48, 30 Ariz. at 3-4, 243 P. at 609-10 (citing Freel v. School City of Crawfordsville, 142 Ind. 27, 41 N.E. 312, 312 ¶ 75 The operation of a county hospital was a governmental activity and thus immune, even though those able to pay were cha......
  • United States v. BOARD OF SCH. COM'RS OF CITY OF INDIANAPOLIS, IND., No. IP 68-C-225.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Southern District of Indiana)
    • December 6, 1973
    ...rel. Anderson v. Brand, supra; Campbell v. City of Indianapolis, 155 Ind. 186, 57 N.E. 920 (1900); Freel v. School City of Crawfordsville, 142 Ind. 27, 41 N.E. 312 (1895). Such corporations may only exercise the authority given them by the State, Ratcliff v. Dick Johnson School Tp., supra; ......
  • Gainer v. School Board of Jefferson County, Ala., Civ. A. No. 5339.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • November 4, 1955
    ...160; Ford v. Kendall Borough School District, 1888, 121 Pa. 543, 15 A. 812, 1 L.R.A. 607; Freel v. School City of Crawfordsville, 1895, 142 Ind. 27, 41 N.E. 312, 37 L.R.A. 301; 38 Am.Jur. § 572, p. 261. Note, "Liability of school district or school corporation to actions for damages from ne......
  • Clouse v. State, Dept. of Public Safety, No. CV-99-0023-PR.
    • United States
    • Supreme Court of Arizona
    • October 17, 2000
    ...governmental functions only and are immune. See School Dist. No. 48, 30 Ariz. at 3-4, 243 P. at 609-10 (citing Freel v. Crawfordsville, 142 Ind. 27, 41 N.E. 312, 312 ¶ 75 The operation of a county hospital was a governmental activity and thus immune, even though those able to pay were charg......
  • Request a trial to view additional results

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