Bailey v. City of Middletown

The plaintiff has brought her action in two counts. The first count is based on negligence, and the second ■count is based on nuisance. To the entire complaint the defendant has demurred. The demurrer is based primarily on freedom from liability on the ground of governmental immunity.

There is no question that a municipal corporation is exercising a governmental function when maintaining and operating a fire department pursuant to its legislative authority, and while in the exercise of that function is not liable for the negligent acts of its officers and servants. Brock-Hall Dairy Co. vs. New…