129 S.E. 486 | W. Va. | 1925
Nick Krutili, an infant, under the age of twenty-one years, by William Krutili, his next friend, sues in the circuit court of Hancock county, the Board of Education of Butler District, in said county, in trespass on the case, for damages sustained by him while he was attending and a pupil in the high school of said district situate in the town of Wierton, over which said board had charge and control, which injuries were alleged to have been caused by the negligence of the defendant. The declaration substantially states that the defendant is a body politic and corporate under the laws of the State of West Virginia, and as such has general control and supervision of the public schools and their property in said Butler District, and that it was its duty to keep this property in such condition as to be safe for the children attending the school as pupils thereof; that in maintaining said Wierton High School the said defendant used a certain planing machine for the purpose of planing and smoothing boards, in connection with its manual training department of said school; that while plaintiff was performing his duties as a *468 student in said school, and while engaged in the work and labor in the manual training department of said school, as he was required so to do as such pupil, that the defendant did negligently furnish the plaintiff a machine known as a "planer" which had a dangerous knife or knives that were not protected by a mantle or a guard; that by reason whereof the said plaintiff while planing a board under the direction and instruction of the principal of said school, and without fault on the part of said plaintiff, but because of the improper and insecure condition of said machine the said plaintiff's left hand was caught and thrown against the knife or knives of said machine, by reason whereof his left hand was cut and lacerated and certain of his fingers cut off. And for this alleged negligence in causing said injury the plaintiff brings his suit. The defendant demurred to this declaration, which demurrer was sustained. On joint application of the parties this ruling was certified to this court. But one point of law was made on the demurrer: That the defendant in maintaining its manual training department was in the exercise of a governmental function and an agent of the State, and as such is not liable to the things complained of in the declaration.
The general rule in this country is that a school district, municipal corporation, or school board is not, in the absence of a statute imposing it, subject to liability for injuries to pupils of public schools suffered in connection with their attendance thereat, since such district, corporation, or board in maintaining schools, acts as an agent for the state, and performs a purely public or governmental duty, imposed upon it by law for the benefit of the public, and for the performance of which it receives no profit or advantage. Bigelow v.Randolph, 14 Gray 541; Hill v. Boston,
As a case involving the liability of school authorities in their official capacity for injuries to pupils, it is a case of first impression in this state. However, we have the guidance of cases wherein principles were announced that makes our course plain here. The rule announced respecting the non-liability of school districts to individuals for injuries brought about in the performance of governmental functions applies to other municipalities such as cities and towns as well. The exemption of the government from liability is based on the theory of sovereignty. The acts of the government were those of the king. In our state instead of the king being the sovereign, the powers of government reside in all the citizens of the state. The idea was also that certain things worked for the good of the many, and the welfare of the few must be sacrificed in the public interest. The decisions in this state deal with the liabilities of cities and towns. In Brown's Admr. v. Town of Guyandotte,
Is there any statute in our state imposing liability on boards of education that will take them without the rule herein announced? It is admitted that at common law, a municipal corporation is not liable for damages caused by its negligence in the exercise of purely governmental functions. Folk v. Cityof Milwaukee,
The demurree further contends that the board's liability is shown by the statute, chapter 45, section 46, where the defendant is declared to be a body politic and corporate, "and as such may sue and be sued, plead and be impleaded, contract and be contracted with". Now, it is well settled, both on principle and authority, that at the common law no action could be maintained against a quasi corporation. Hence, if the defendant is to be held liable in this case, it must be under the statute. Such an express statute as we have shown has never been enacted in our commonwealth. It is obvious, we think, that the Legislature intended by the use of the language "may sue and be sued" merely to restrict the liability of the boards of education to such suits in respect to matters *473 within the scope of their duties and to such things as the boards are empowered to do under the law. We find nothing in our statute that will permit the adoption of a different conclusion.
Three cases are cited by demurree to show a right of action. One of these, Howard v. Tacoma School District,
The decision of the learned chancellor in sustaining the demurrer in this case is fully supported by the authorities and decisions not only of this state but of the other states of the Union. There is, in fact, a remarkable unanimity on the subject. A change of policy, if advisable, must be brought about by express declaration of the legislative will, rather than by judicial legislation. The ruling of the circuit court must be affirmed.
Affirmed.