City of Atlanta v. Mapel

•Hall, Presiding Judge.

“The American rules governing the tort liability of municipal corporations make a curious patchwork of immunity and responsibility. The dominent motif is a supposed distinction between governmental and proprietary functions. . . No satisfactory test has been devised for distinguishing [between these] functions. . . Little wonder that courts and commentators have despaired of finding a rational and consistent key to the distinction.” 2 Harper & James, The Law of Torts 1619-1623, § 29.6.

Probably as both cause and effect of this pattern, there has been a definite trend…