MUNICIPAL DEBTS ; FRANCHISES; PUBLIC UTIL ITIES ; ASSESSMENTS.
Liability of Municipalities.—Since a munici pality is not a government possessing sover eign powers it is not, like the State, immune from suit without its consent. On the other hand, since in the performance of many func tions it is an agent of the State its legal lia bility is not as wide as that of a private corporation. The rules governing the civil liability of the city are, accordingly, complex. In the first place, its liability upon all con tracts which it has legally made is absolute and may be enforced in the usual ways. Secondly, the city is not liable in damages for the torts or legal wrongs resulting from the performance of its governmental powers and functions. This immunity rests partly on the theory that the city performs these functions as an agent of the State which is immune from suit, and partly on the theory that it is contrary to public policy to expose the revenues of the city to the heavy drain which an unrestricted liability would entail. This immunity extends to the injuries resulting from the negligence or mis conduct of the city's officers and agents, or from the faulty construction, repair or main tenance of its property when used for govern mental purposes. By governmental functions or powers are meant those pertaining to the protection of public peace, health, safety, edu cation, charity, etc., in contrast to the com mercial or quasi-private enterprises on which modern cities may embark. The municipality
is never liable, furthermore, for the tortious acts of its officers when they have exceeded their legal authority. In such a case the in jured person may sue the officer individually and recover damages. The State legislature may create by statute municipal liability which would not otherwise exist. In the third place, the municipality is liable in tort for the injuries resulting from the performance of non-govern mental or commercial functions, i.e., the opera tion of revenue-earning utilities, as well as from the use of property not used for govern mental purposes. Furthermore, a legal obliga tion rests on the city to exercise reasonable care in keeping its streets, highways, bridges, viaducts, etc., safe for ordinary use and it is accordingly liable for the injuries resulting from a breach or neglect of this duty. On the whole the modern tendency seems to be to broaden rather than to curtail the civil liability of the municipality.
Consult Cooley, 'Handbook of the Law of Municipal Corporations' (1914) •, Dillon. (Mu nicipal Corporations' (5th ed., 1911) •, Fairlie, 'Municipal Administration' (1910) ; Goodnow, Problems> (1897) i Munro, 'The Government of American Cities> (Revised 1916); Munro, 'The Government of European Cities' (1909).