City of Munday v. Shaw

In the writer’s opinion this court is not warranted by the evidence in holding, as a matter of law, that Shaw met his death as the result of operations on the part of the _ City of Munday, of a strictly governmental nature, as distinguished from a proprietary or corporate nature. There are at least two reasons for this view. The act of disposing of the carcass of a dog killed in the city, by taking it to a place near the city’s sewerage disposal plant for burial, is not necessarily and primarily referable to the “sanitation for public health” of the city. It is just as reasonably to be…