157 So. 175 | La. Ct. App. | 1934
A more careful review of Act No.
We are confirmed in our view that the association, in maintaining and operating the New Orleans City Park, acts as the agent of the state itself by the recognition given to this fact by the Legislature of this state in Act No.
We expressed in our original opinion the view that there can be no liability for acts of municipalities or their governmental agencies committed while acting in a governmental and not in a proprietary capacity, and we also expressed the view that this rule is not altered even where a charge is made for governmental service rendered, if the charge inures to the benefit of the agency and to the maintenance of its facilities, or the conduct of its affairs.
Since we feel that, under the statute granting it the authority to manage and conduct the New Orleans City Park, the association could not do otherwise than conduct the said park in a governmental and not in a proprietary capacity, and since it could not conduct in the said park any private business, and since it is required to apply all revenues to the conduct of the said park and the maintenance of the facilities therein contained, it follows that there can be no liability ex delicto for loss or damage resulting from its said operations.
It follows that the exception of no cause of action, which was sustained below, is well founded.
It is therefore ordered, adjudged, and decreed that the decree rendered by us on the 28th day of June, 1934, be and it is recalled and annulled, and it is now ordered, adjudged, and decreed that the judgment appealed from be and it is affirmed, and plaintiffs' suit is dismissed at their cost.
Original decree recalled.
Judgment of trial court affirmed.
Our attention having been called to the fact that the above decree dismisses plaintiffs' suit at their cost, although the suit was filed under the Pauper Act of this state, Act No.
It is therefore ordered that the decree be so amended as to relieve the appellant from the payment of costs in accordance with the provisions of the said act. *272