Kunz v. Titusville

Opinion by

Mr. Chief Justice Horace Stern,

This appeal involves once again the question whether a given activity of a municipality partakes of the nature of a governmental or a proprietary function; if the former, the municipality is immune from tort liability ; if the latter, if is legally responsible for injury caused by the negligence of its employes.

Plaintiff conducted a business of collecting garbage and rubbish from business places in the City of Titus-ville and hauling it to an incinerator plant owned and operated by the city. On the occasion in question he took such a load to the…