Flesch v. City of Lancaster

The general rule is that a municipal corporation is not liable for torts committed in the exercise of governmental functions but that it is liable for torts committed in the exercise of private or proprietary functions. This rule has been limited in some respects by statute and in some respects by decisions of this court. The rule is sufficiently clear to be conceded by both parties. The difficulty lies in the application of the rule to a particular set of facts.

Essentially in the first cause of action the complaint alleges that the defendant operated the pool in its proprietary capacity and…