# Hosea v. City of Seattle

> Washington Supreme Court · July 2, 1964 · 64 Wash. 2d 678

URL: https://www.frixlaw.com/law-library/cases/9558176

## Case

- **Full name:** Robert Hosea Et Al., Appellants, v. the City of Seattle Et Al., Respondents
- **Court:** Washington Supreme Court
- **Decided:** July 2, 1964
- **Citations:** 64 Wash. 2d 678; 393 P.2d 967; 1964 Wash. LEXIS 388
- **Precedential status:** Published
- **Opinion:** Dissent by Hill
- **Judges:** Finley, Donworth, Hill
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9558176

## Opinion text

Hill, J.
(dissenting) — I dissent. I am in accord with the reasoning of Judge Donworth’s dissent as it relates to the nonliability of the city of Seattle on the basis of the proposition that in the supervising of prisoners serving sentences imposed by its municipal court, the city was engaged in a governmental function.
Assuming the law of this state to be what the majority declared it to be in Kelso v. Tacoma (1964), 63 Wn. (2d) 913, 390 P. (2d) 2 , it is clear that the court’s action in that case in abrogating the rule of municipal immunity from tort liability while engaged in the exercise of governmental functions, was based on Laws of 1961, chapter 136, § 1 (codified as RCW 4.92.090) and Laws of 1963, chapter 159, § 2. The collision which caused the plaintiffs’ injuries occurred August 23, 1958, and the plaintiffs commenced their action in March of 1959. There is no indication that the legislation, so broadly construed in Kelso v. Tacoma, supra, was intended to be retroactive in its application. See Hammack v. Monroe Street Lbr. Co. (1959), 54 Wn. (2d) 224, 339 P. (2d) 684 .
While I do not concur with Judge Donworth on the foreseeability issue, I would, however, affirm the trial court’s dismissal of the action against the city of Seattle for the reasons given by Judge Donworth in that portion of his dissent dealing with the issue of governmental immunity.
September 17, 1964. Petition for rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9558176. Public record. Not legal advice.