VIOLET VAN NATTA IDE, A WIDOW,
v.
CITY OF ST. CLOUD, A MUNICIPAL CORPORATION
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The Florida Supreme Court reversed judgment for the City of St. Cloud, holding that a municipality exercising charter power to maintain a public bathing beach is liable for negligence in maintaining safe conditions, even if it lacks title to the land where the beach is located.
A city exercising charter power to maintain a park or bathing beach is answerable for torts committed while performing this public function, regardless of whether it owns the land. The city is held to the same standard of care as private persons and owes a duty to exercise due care for the safety of those invited to use the premises.
“If the city had charter power to maintain a park outside the corporate limits, then the city is answerable for a tort committed while exercising the corporate franchise even though it has no title to the property where the park is located.”
Establishes the core principle that title is irrelevant to municipal tort liability when exercising charter powers.
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Join FLexlaw to unlock all legal intelligenceThe City of St. Cloud maintained a bathing beach outside city limits. The city knowingly allowed a deep hole in the lake to remain hidden and unguarde…
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Final judgment is before us for review on writ of error. The lower court held plaintiff’s declaration insufficient and entered judgment for defendant.
The substance of the declaration was that defendant maintained a bathing beach outside the city limits; that for some time the city had knowingly allowed a deep hole out in the lake to remain hidden and unguarded; that the city had invited the general public on the premises and plaintiff’s husband and minor son entered in response to the invitation and were drowned by reason of the city’s negligence aforesaid.
The city has charter power to maintain parks outside the city. Chapter 14377, Special Acts of 1929. It *808was the opinion of the lower court that this power could be exercised only on land acquired by the city as detailed in its charter. We think this interpretation was error.
If the city had charter power to - maintain a park outside the corporate limits, then the city is answerable for a tort committed while exercising the corporate franchise even though it has no title to the property where the park is located. For the purpose of determining the city’s liability in tort in maintaining the park the ownership of the land where the park is located is immaterial. Augustine v. Town of Brant, 249 N. Y. 198, 163 N. E. 732. It is the use of the premises rather than title which is material in determining liability. McKinney v. Adams, 68 Fla. 208, 66 So. 988. When a city accepts a charter power and under color of such power attempts to render a service to the public, it necessarily assumes an obligation to exercise reasonable care for the safety of such public.
The authorities are divided, however we think the better view is that where a city, pursuant to charter power, performs a local function for its people it is held to the same degree of care as private persons. Stevens, et ux., v. City of Pittsburg, 129 Pa. Super. 5, 194 Atl. 563. This has been the tendency of this Court. Skinner v. City of Eustis, 147 Fla. 22, 2 So. (2nd) 116; McQuillin Municipal Corporations, 2 Ed. The authority to maintain a park carries with it authority to maintain a bathing beach. Thayer, et al., v. City of St. Joseph, 227 Mo. App. 623, 54 S. W. (2nd) 442. Those who maintain the latter are under a duty to exercise due care for the safety of those invited there. McKinney v. Adams, supra. It is true .there *809was a statutory liability in the McKinney case; nevertheless, the court recognized the common law liability.
For the reasons stated the judgment is reversed.
BROWN, C. J., WHITFIELD, TERRELL, BUFORD and CHAPMAN, JJ., concur.
THOMAS, J., dissents.
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Citator
Cited By (21 total)
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Avallone v. Bd. OF Cnty. Comm'rs OF Citrus Cnty., 493 So. 2d 1002 (Fla. 1986)…action, but it did eliminate the immunity which had theretofore prevented recovery for existing common law torts. Petitioner then cites Pickett v. City of Jacksonville, 155 Fla. 439, 20 So. 2d 484 (1945), and Ide v. City of St. Cloud, 150 Fla. 806, 8 So. 2d 924 (1942), for the proposition that there was an existing common law duty for governments, once they decided to operate a swimming facility, to operate the facility safely just as a private individual would be required to do. Respondent argues that th…1 / 2
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IDE v. City OF ST. Cloud, 152 Fla. 837 (Fla. 1943)…PER CURIAM: This is the second appearance here of this case. See Ide v. City of St. Cloud, 150 Fla. 806, 8 So. (2nd) 924. After a careful consideration of the record and the arguments and briefs of counsel, our conclusion is that the trial court correctly construed the meaning and effect of our former opinion and mandate in this case and properly appl…
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Pickett v. City OF Jacksonville, 155 Fla. 439 (Fla. 1945)…of 1911, Laws of Florida, and its application is limited to bath houses and other similar places at seaside resorts. The case is not in point and has no bearing on the facts alleged in the case at bar. [*443] In the case of Ide v. City of St. Cloud, 150 Fla. 806, 8 So. 2nd 924, it was alleged that the defendant city maintained a bathing beach outside the city limits; that for some time the city knowingly allowed a deep hole out in the lake to remain hidden and unguarded; the city had invited the general pub…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Skinner v. City of Eustis, 147 Fla. 22 (Fla. 1941)
- McKinney v. Adams, 68 Fla. 208 (Fla. 1914)