The plaintiff sued to recover damages for the death of his son by drowning, which he alleged was caused by the negligence of the defendant city in the maintenance of a public swimming pool. In upholding the overruling of the defendant's demurrer, the court held that on the authority of an earlier South Dakota case, the maintenance and operation of a public swimming pool or park is the exercise of a proprietary function of the municipality, and therefore, the city is liable for the negligence of its servants in maintaining and guarding the pool. Glirhas v. City of Sioux Falls, (S. D. 1935) 264 N. W. 196.
MUNICIPAL CORPORATIONS-LIABILITY FOR NEGLIGENCE IN MAINTENANCE OF SWIMMING POOLS AND PARKS-GOVERNMENTAL AND PROPRIETARY FUNCTIONS,
Mich. L. Rev.
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