Manning

The plaintiff, by his guardian, brought an action against the defendant, the city of Pasadena, to recover a judgment in damages for personal injuries which the plaintiff alleged he had suffered. Judgment went for the plaintiff, and the defendant has appealed.

The appellant makes several points, including the contention that the defendant, the city of Pasadena, is not liable for acts of negligence on the part of its employees occurring in the performance of a governmental duty, and that the alleged injuries occurred under such circumstances. The respondent concedes that the defendant would not be liable if the injuries occurred in the performance of a simple governmental duty, but contends that under the facts the alleged accident occurred while the city of Pasadena was engaged in a private venture.

The city of Pasadena is a municipal corporation organized under a freeholders’ charter. Prior to the accident alleged the city had adopted an ordinance under and by virtue of which private persons were compelled to place in a receptacle the garbage of a household. It also provided that the expression “garbage” as used in the ordinance should mean all animal and vegetable refuse from…