105 P.2d 503 | Wash. | 1940
It will be unnecessary to review the evidence or recite the facts relating to the accident. The evidence is sufficient to support the court's findings with respect to negligence and proximate cause of death.
[1] Appellant, nevertheless, contends that the court erred in overruling its objection to the introduction of any evidence in support of the cause of action set up in the complaint. This objection is predicated on Rem. Rev. Stat., § 4706 [P.C. § 4897], which provides:
"No action shall be brought or maintained against any school district or its officers for any noncontractual acts or omission of such district, its agents, officers or employees, relating to any park, playground, or field house, athletic apparatus or appliance, or manual training equipment, whether situated in or about any schoolhouse or elsewhere, owned, operated or maintained by such school district." *405
Accepting the statute at its face value, there can be no doubt that the appellant's objection to the introduction of any evidence was well taken.
Respondent contends, however, that this court has not, in all instances involving noncontractual liability of school districts, accepted the statute at its face value. The statute was enacted in 1917, shortly after this court, construing Rem. Bal. Code, § 951, had held that school districts were liable for negligence in the maintenance of playground apparatus. Howard v. Tacoma SchoolDist. No. 10,
It is elementary, of course, that, in the absence of statute imposing liability, a school district is not liable as for negligence in the performance of its governmental functions. Dillon, Municipal Corporations (5th ed.), 2888. And the rule of nonliability at common law applies to the maintenance of playgrounds, athletic and manual training equipment. In the case just cited (Howard v. Tacoma School Dist. No. 10), it was observed:
"We are asked `How can it be said that the physical development of children is a function of government?' The answer seems obvious — just for the same reason that it can be said that the mental development of children is a function of government. Both are intended to raise the standard of citizenship. The state is certainly as much interested in the physical standard of its citizens as in their mental standard."
In this decision, the court, in construing Rem. Bal. Code, § 951, simply extended the construction placed upon the statute in the decision of Redfield v. School Dist. No. 3,
It is quite apparent that, in the enactment of Rem. Rev. Stat., § 4706, the legislature intended to revive that doctrine with respect to the operation and maintenance by school districts of playground apparatus and manual training equipment. And, with the exception of one case which we shall discuss later, the court has given the statute its full force and effect. In construing it (Rem. Rev. Stat., § 4706), the court has held that it does not apply to an action which had gone to judgment prior to its effective date, notwithstanding the pendency of an appeal by the school district at that time. Bruenn v. North Yakima SchoolDist. No. 7,
In Bailey v. School Dist. No. 49,
In the next case (Stovall v. Toppenish School Dist. No. 49,
In line with this holding is that in the case of Juntila v.Everett School Dist. No. 24,
"The respondent school district was not liable for injury to the appellant if such injury occurred upon any athletic apparatus or appliance or manual training equipment. Rem. Rev. Stat., § 4706; Stovall v. School District No. 49,
In these two decisions, the court simply declined to extend the doctrine of immunity from liability beyond the plain terms of the statute. In other words, the court, in effect, held that Rem.
Bal. Code, § 951, was still in force in so far as it was not limited by Rem. Rev. *408
Stat., § 4706. See Morris v. Union High School Dist. A,
In Bowman v. Union High School Dist. No. 1,
"Since the Stovall case was decided, 1920, it has been cited with approval in a number of our cases, one of them as late asPhillips v. Hardgrove,
As we now view it, the Stovall case was not authority for holding the statute inapplicable under the facts presented in theBowman case. In the Stovall decision, the applicability of the statute was explicitly recognized as to "acts or omission . .. relating to athletic apparatus or manual training equipment."
Recently we have again recognized the applicability of the statute in a case where a child was injured in the use of playground apparatus. Bush v. Quinault School Dist. No. 97,
"The words of the statute (Laws of 1917, chapter 92, Rem. Rev. Stat., § 4706) exonerating school districts from liability for torts of commission or omission relating *409 to playground and athletic apparatus used in connection with the playground owned, operated or maintained by the school district, are all-embracing. That statute exempts school districts from liability for any and all accidents which occur upon any athletic apparatus or appliance which is used in connection with any playground owned or maintained by the school district."
Now, the Bowman case is not only out of harmony with theBush case and the principle recognized in the Stovall case, but it is in direct conflict with the decision in the case ofSwanson v. School Dist. No. 15, supra. It will be remembered that, in the latter case, the court held that the school district, by virtue of the statute, was immune from liability to a boy who was injured while operating a circular saw maintained in the manual training department. There is no distinction, whatever, either in essential fact or applicable principle of law, between that case and this.
So, in deciding this case, we are squarely confronted with the necessity of overruling either the Swanson or the Bowman case. Since the latter decision so patently contravenes the express terms of the statute (Rem. Rev. Stat., § 4706) and is so completely out of harmony with all other decisions in which the act has been construed, we think it should be overruled. Consequently, the judgment in the instant case must be reversed, because, under the express terms of the statute, no action can "be brought or maintained against any school district . . . for any noncontractual acts or omission . . . relating to any . . . manual training equipment . . . situated in or about any schoolhouse . . ."
The cause is remanded, with directions to dismiss the action.
ALL CONCUR. *410