Bennett v. City of Portland

The auditorium was not used by the defendant city in its governmental capacity. It was not used generally in the performance of any governmental duty. It is owned and operated by the city in its corporate or proprietary capacity; Chafor v. City of Long Beach, 174 Cal. 478 (163 Pac. 670, Ann. Cas. 1918D, 106, L. E. A. 1917E, 685); Klein v. Portland, 106 Or. 686 (213 Pac. 147). Little v. Holyoke, 177 Mass. 114 (58 N. E. 170, 52 L. R. A. 417), is a parallel case.

In the management and operation of the auditorium the city is liable to the same extent and under the same circumstances that a private…