Murphy Ex Rel. Murphy v. City of Carlsbad

McGHEE, Chief Justice.

This was an action for damages for injuries suffered by Mary Katherine Murphy, a nine year old child, in a municipal park owned and operated by the appellee.

Damages were sought by the minor for pain and suffering, permanent impairment and disfigurement of the right hand and for other injuries, and by her father and next friend for recovery of medical and hospital expenses.

Appellee filed, with its answer to the complaint, a motion to dismiss based on the ground that as a municipal corporation acting under its powers in the performance of a public benefit and discharging a…