McGraw v. Rural High School District No. 1

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for personal injuries sustained by plaintiff while employed as a laborer to assist in the construction by the district of a high-school building. The petition alleged the injuries were occasioned by defendant’s negligence. A demurrer to the petition was sustained, and plaintiff appeals.

The question presented is the old one of liability of a governmental agency for tort. It is contended the erection of the school building was not a governmental function, a distinction being made between providing school…