McLeod v. City of Duluth

Defendant city appealed from an order denying its alternative motion for judgment non obstante or a new trial.

Plaintiff was injured by the negligence of a city employe who was operating a street flusher on a paved street at night. The sole question presented is whether the city in flushing the street was engaged in a governmental function. If so, there is no liability. If not, there is. In other words, was it serving the public or itself ?

The authorities hold that if the flushing of a street is authorized and done solely for the comfort and health of the general public it is a governmental…