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Massenburg v. City of Petersburg
190071 Massenburg v. City of Petersburg 12/12/2019 In a wrongful death action arising from a fire, the plaintiff's case against a Virginia city was based on a defective fire hydrant, and judgment dismissing th…
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190071 Massenburg v. City of Petersburg 12/12/2019 In a wrongful death action arising from a fire, the plaintiff's case against a…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- December 12, 2019
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190071 Massenburg v. City of Petersburg 12/12/2019 In a wrongful death action arising from a fire, the plaintiff's case against a Virginia city was based on a defective fire hydrant, and judgment dismissing the action on sovereign immunity grounds is affirmed. A hydrant exists to facilitate the firefighting function of the municipality that installed it, a quintessentially governmental function. The city's provision and maintenance of fire hydrants is therefore an immune governmental function. To the extent that this function coincides with the city's proprietary functions relating to the plaintiff's other surviving allegations, the governmental function is the overriding factor and the doc…
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· Supreme Court of Virginia
AffirmedDismissed
The court's record, as written
190071 Massenburg v. City of Petersburg 12/12/2019 In a wrongful death action arising from a fire, the plaintiff's case against a Virginia city was based on a defective fire hydrant, and judgment dismissing the action on sovereign immunity grounds is affirmed. A hydrant exists to facilitate the firefighting function of the municipality that installed it, a quintessentially governmental function. The city's provision and maintenance of fire hydrants is therefore an immune governmental function. To the extent that this function coincides with the city's proprietary functions relating to the plaintiff's other surviving allegations, the governmental function is the overriding factor and the doc…
Outcome words in this text: dismissing, affirmed.
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