Heieck and Moran v. City of Modesto

The second and third causes of action of the complaint herein seek recovery from defendant City of Modesto of damages to plaintiff’s property caused by fire. The trial court sustained the city’s general demurrer without leave to amend, and plaintiff appeals from the ensuing judgment dismissing the action as against the city. We have concluded that under prevailing rules of governmental immunity the city incurred no liability for plaintiff’s alleged damages, and that the judgment should be affirmed.

In the second cause of action plaintiff alleges that on May 4, 1962, the fire department of…