GOVERNMENTAL FUNCTION
governmental function.Torts. A government agency’s conduct that is expressly or impliedly
mandated or au-thorized by constitution, statute, or other law and that is carried out for the benefit
of the general public. • Generally, a governmental entity is immune from tort liability for
governmental acts. — Also termed governmental act; governmental activity. See
PUBLIC-FUNCTION TEST . Cf. PROPRIETARY FUNCTION. [Cases: Municipal Corporations
724.C.J.S. Municipal Corporations § 664.]
“[A]ctivities of police or firefighters, though tortious, are usually considered governmental in
the sense that they involve the kind of power expected of the government, even if its exercise in
the specific case is wrongful. The city is immune as to such activities for this reason. On the other
hand, if the city operates a local electric or water company for which fees are charged, this looks
very much like private enterprise and is usually considered pro-prietary…. The difficult distinction
between governmental and proprietary functions is even more troubling where the city’s conduct
combines both kinds of function at once. For example, operation of a sanitary sewer may be
deemed governmental, but operation of a storm sewer may be deemed proprietary.” W. Page
Keeton et al., Prosser and Keeton on the Law of Torts § 131, at 1053–54 (5th ed. 1984). [Blacks Law 8th]