City of West Bend v. West Bend Heating & Lighting Co.

It is claimed on the part of the appellant, first, that the common council had no power or authority to *187pass the resolution in question; second, that the city received no consideration therefor; third, it was an attempt to limit the rights and powers of the city in its governmental functions. It is claimed that the maintenance of a fire department and the acts of men belonging to the department in the extinguishment of fires is the exercise of a governmental function, and that a city is not liable for malfeasance or non-feasance connected with the maintenance and operation of the fire…