Out of which funds are judgments against cities to be paid? Is damage by reason of injury resulting from automobile collision caused by negligence of the operator of a waterworks vehicle to be paid from waterworks revenues or funds earmarked for those purposes or is it compensable from city funds and revenues allocated for fire or police departments?
Should there be a time limitation upon notice of claims, so that proper municipal authorities are enabled to properly investigate incidents out of which the claims arise? Or shall they be called upon to defend a claim three years after an alleged occurrence that went unreported to proper city authorities?
What is the status of city employees in regard to claims for injuries? Will there be a common law liability to them? What application will such rules as the fellow servant doctrine and assumption of risk have?
Are acts of malfeasance, misfeasanoe and nonfeasance all proper bases for recovery?
It is not necessary to speculate about possibilities with reference to liabilities that may be imposed upon our municipalities. A list of some liabilities that have been imposed in states where municipal tort immunity has been abolished follows:
- Failure to install a fire hydrant where others within a similar area were protected. Veach v. City of Phoenix, 427 P. 2d 335 (Ariz. 1967).
- Injuries to persons struck by suspected robber's automobile during a high speed chase by city police. Evanoff v. City of St. Petersburg, 186 So. 2d 68 (Fla. 1966).
- Failure to maintain streets and highways in safe condition. Byne v. Americus, 6 Ga. App. 48, 64
