Juntila v. Everett School Dist. No. 24

• Decision Date: 28 August 1934
• Docket Number: 25130.
• Citation: 178 Wash. 637,35 P.2d 78
• Parties: JUNTILA v. EVERETT SCHOOL DIST. NO. 24.
• Court: Washington Supreme Court

35 P.2d 78

178 Wash. 637

JUNTILA v. EVERETT SCHOOL DIST. NO. 24.

No. 25130.

Supreme Court of Washington

August 28, 1934

Department 1.

Appeal from Superior Court, Snohomish County; Guy C. Alston, Judge.

Action by William W. Juntila, Jr., by Ingrid S. Juntila, his guardian, against Everett School District No. 24. From a judgment for defendant, plaintiff appeals.

Reversed and remanded, with direction.

Verne C. Henry and Wm. A. Johnson, both of Everett, for appellant.

Charles R. Denney, of Everett, for respondent.

MAIN Justice.

William W. Juntila, a boy eighteen years of age, brought this action by his guardian to recover damages for personal injuries. To the amended complaint, which will be referred to as the 'complaint,' a demurrer was interposed and sustained. The plaintiff elected to stand upon his complaint and refused to plead further, and from the judgment dismissing the action appeals.

The facts, as alleged in the complaint, which will present the two questions here to be disposed of, may be summarized as follows: The respondent, School District No 24, owned, controlled, and operated what is called the 'Bagshaw Field,' in the city of Everett, and for many years past had operated the field in furtherance of the athletic activities of the schools in the district, including football, baseball, and track, for public exhibition, for which an admission fee was charged the general public. The appellant was a student attending the Everett high school which was one of the schools conducted by the district.

To aid in the expenses incurred in the furtherance of the physical education and athletic activities of the schools, including the high school, the students of the high school were required to pay the sum of $3 a year until the total sum of $2400 had been raised. This sum was apportioned to the various athletic activities, debating teams, gymnasium library, and other courses of education.

In return for the payment of the $3, each student was permitted to attend any and all functions, free of charge, including football games. The appellant paid the $3, and a ticket was issued to him, fully paid, which admitted him to all the activities mentioned.

The respondent had caused to be constructed on Bagshaw Field bleacher seats, or an uncovered grand stand, for the accommodation of spectators attending the games held therein. The general public was invited to the games and athletic activities, and for the football games and some others were charged an admission fee. September 30, 1933, a football game was held at Bagshaw Field between a team representing the Everett high school and one representing the high school at Astoria, Or., which was sponsored by the respondent. The appellant attended this game, and, while upon one of the bleacher seats, a guard rail on the back of the seat broke and gave way, and as a result he fell many feet to the ground below and sustained the injuries for which he sought recovery,

The first question is whether the conducting of the athletic contest upon Bagshaw Field and the construction of the bleacher seats were within the power of the respondent school district; in other words, the question is one of ultra vires. It will be assumed that, if the construction of the bleacher seats was beyond the power of the district, either express or implied, it would not be liable. Section 4683, Rem. Rev. Stat., provides that all high schools of the state may emphasize the work of physical education and shall carry into effect all such courses therein as are provided by the state board of education. The respondent school district was a municipal corporation or quasi municipal corporation, created by the Legislature, and exercises such powers as the Legislature has granted in express words, or those necessarily or fairly implied in or incident to the powers expressly granted or those essential to the declared objects and purposes of the corporation. Seattle High School Chapter No. 200 v. Sharples, 159 Wash. 424, 293 P. 994, 72 A. L. R. 1215. The school district had the right to acquire, by condemnation, or purchase a site suitable for recreation and exercise of the children attending the schools.

In State ex rel. School District No. 56 v. Superior Court, 69 Wash. 189, 124 P. 484, 486, it was said: 'The physical development of a child is as essential to his well-being as is his mental...