Taylor v. Roosevelt Irr. Dist.
Decision Date | 22 May 1951 |
Docket Number | No. 5209,5209 |
Citation | 232 P.2d 107,72 Ariz. 160 |
Parties | TAYLOR v. ROOSEVELT IRR. DIST. |
Court | Arizona Supreme Court |
Shute & Elsing, Phoenix, for appellant.
Kramer, Morrison, Roche & Perry and Burr Sutter, Phoenix, and Harry W. Bagnall, Jr., Coolidge, of counsel, for appellee.
Jennings Strouss, Salmon & Trask, Charles L. Strouss, Phoenix, for Salt River Agricultural and Power Dist., amici curiae.
Campbell, Rolle & Jones, James B. Rolle, Jr., Yuma, for Yuma Irr. Dist., amici curiae.
Westover & Mansfield, J. D. Mansfield, Yuma, for Unit B--Irrigation & Drainage Dist. and North Gila Valley Irr. Dist., amici curiae.
Reed & Wood, Charles H. Reed, Coolidge, for San Carlos Irr. Dist., amici curiae.
Guy Anderson, Safford, for Gila Valley Irr. Dist., amicus curiae.
A. Van Wagenen, Jr., Phoenix, for Electrical Dist. No. 2, Pinal County, and Electrical Dist. No. 5, Pinal County, amicus curiae.
Louis B. Whitney, Phoenix, for Electrical Dist. No. Four, Pinal County, amicus curiae.
Fred A. Ironside, Jr., Phoenix, for Roosevelt Water Conservation Dist., amicus curiae.
After the court handed down its written opinion in this case, reported in 71 Ariz. 254, 226 P.2d 154, a motion for a rehearing was granted. At this time various political subdivisions of the state filed a petition for leave to file briefs amici curiae, which petition was duly granted. Brief of amici curiae was filed in support of appellee's motion for rehearing.
On reconsideration of the case from the various contentions set forth, we are of the opinion that our former opinion correctly disposed of the case. We adhere to the rule announced therein that the Roosevelt Irrigation District was a political subdivision of the state, acting in its proprietary capacity, and while acting in such capacity is liable for its negligence.
As pointed out in our former opinion, the constitutional amendment, Section 7, Article 13, was adopted for the purpose of granting tax immunity to irrigation, power, electrical, agricultural improvement, drainage, and flood control districts, and tax levying public improvement districts. The true character of such districts was analyzed by this court in Day v. Buckeye Water, etc. Dist., 1925, 28 Ariz. 466, 237 P. 636, 638, as follows:
Maricopa County Municipal Water Conservation Dist. No. 1 v. La Prade, 45 Ariz. 61, 40 P.2d 94, 100.
The actual operation and functioning of the district after the adoption of the constitutional amendment, supra, was in the same factual manner as at the time of the Day case. The adoption of the constitutional amendment in no sense altered the inherent characteristics of the district. With this observation in mind, we desire to point out that this amendment only attempted to vest such districts with all of the rights, privileges, benefits, immunities, and exemptions granted municipal and political subdivisions under the Constitution or any law of the state or the United States. There are no constitutional or statutory provisions exempting municipalities or political subdivisions from tort liability when committed in the prosecution of either governmental or proprietary activities. By court decisions political subdivisions, as distinguished from municipalities, have been vested with immunity from their acts of negligence arising out of purely governmental activities. The state, State v. Sharp, 21 Ariz. 424, 189 P. 631; State v. Dart, 23 Ariz. 145, 202 P. 237; school districts, School Dist. 48 of Maricopa County v. Rivera, 30 Ariz. 1, 243 P. 609, 45 A.L.R. 762; and counties, Hartford Accident & Indemnity Co. v. Wainscott, 41 Ariz. 439, 19 P.2d 328. But in this jurisdiction immunity from tort liability is denied to municipalities even though arising out of the governmental activity in the construction or repair of streets and sidewalks. Such has been the 'law' (court made) both before the constitutional amendment under consideration, Schultz v. City of Phoenix, 1916, 18 Ariz. 35, 156 P. 75; Dillow v. City of Yuma, 1940, 55 Ariz. 6, 97 P.2d 535; and since the constitutional amendment--City of Phoenix...
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Clouse ex rel. Clouse v. State
...the issue). Irrigation districts also perform proprietary functions, so immunity is inapplicable. Taylor v. Roosevelt Irrigation Dist., 72 Ariz. 160, 164, 232 P.2d 107, 110 (1951). ¶ 78 I do not attempt to make sense out of these and the many other cases on our books and do not know if anyo......
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Clouse v. State, Dept. of Public Safety
...the issue). Irrigation districts also perform proprietary functions, so immunity is inapplicable. Taylor v. Roosevelt Irrigation Dist., 72 Ariz. 160, 164, 232 P.2d 107, 110 (1951). ¶ 78 I do not attempt to make sense out of these and the many other cases on our books and do not know if anyo......
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