Rankin v. School District No. 9

This is an action to recover damages for personal injuries sustained through the alleged negligence of the defendant Sheppard in driving a school bus owned and operated by the defendant school dis trict to transport children free of charge to and from school. A general demurrer to the complaint was sustained and, upon refusal of the plaintiff further to plead, the action was dismissed. Plaintiff appeals.

The principal question is whether, in the operation of this bus, the school district was acting in a governmental capacity. If it was so acting, it is clear there is no liability against it:…