Ramirez v. Ogden City

CROCKETT, Justice.

Mary Ramirez seeks recovery against Ogden City for personal injuries sustained when her rayon dress came in contact with an unprotected gas heater and caught fire in the ladies’ powder room of the Ogden Wall Street Community Center. The case was submitted on an agreed statement of facts and the court below entered judgment for city, dismissing the action. Plaintiff appeals.

The trial below held that the city was immune from tort liability for the reason that maintenance of the Center by the city was a governmental and not a proprietary function. We think this ruling was…