Lane v. Dist. Twp. of Woodbury

• Citation: 12 N.W. 478,58 Iowa 462
• Parties: LANE, BY HIS NEXT FRIEND, v. DISTRICT TOWNSHIP OF WOODBURY.
• Decision Date: 06 June 1882
• Court: United States State Supreme Court of Iowa

58 Iowa 462

12 N.W. 478

LANE, BY HIS NEXT FRIEND,

v.DISTRICT TOWNSHIP OF WOODBURY.

Supreme Court of Iowa.

Filed June 6, 1882.

Appeal from Woodbury district court.

This is an action at law to recover for personal injuries sustained by plaintiff, an infant, from having been struck by lightning while in the school-house of defendant, in attendance upon the public school. The defendant appeals from an order overruling a demurrer to the petition.Joy & Wright, for appellant.

L. S. Fawcett, for appellee.

BECK, J.

1. The plaintiff's petition is in two counts. The first alleges negligence of defendant in permitting the lightning rods upon the schoolhouse to become broken and out of repair, thereby causing the lightning to strike the building and inflict injury upon the plaintiff. The second count charges negligence of defendant in that it failed to provide protection from lightning for the school-house, by reason whereof the building was struck by lightning and the plaintiff was injured. The defendant demurred to both counts of the petition on the ground that no action for the matters alleged therein can be maintained against it. The judgment of the court in overruling the demurrer presents the only question arising in the case. It is this: Is a schooldistrict liable for personal injuries sustained on account of the negligent construction of its school-house, or negligence in failing to keep it in repair?

2. A school-district is a public corporation, or quasi corporation, created by statute for the purpose of executing the general laws and policy of the state, which require the education of all its youth. It is a branch of the state government, an instrument for the administration of the laws, and is, so far as the people are concerned, an involuntary organization. Code, § 1713. In these repects it is not different from a county, except that its functions and the purposes of its organization are more restricted and not so numerous. The education of youth is the only purpose of the corporate school-district. Its powers are restricted to the execution of this purpose. The county is a governmentalinstrument for the collection of taxes, and it provides officers and means for the administration of the law by the courts. It is also charged with the construction and preservation of roads and bridges, with the support of the poor, with the registry of deeds, and the preparation and preservation of records intended to protect the property and rights...