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HANEY v. CITY OF LEXINGTON

386 S.W.2d 738 (1964)

Ruby HANEY, Administratrix of the Estate of Alene Faye Haney, Deceased, Appellant, v. CITY OF LEXINGTON et al., Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion June 5, 1964.

Rehearing Denied March 5, 1965.

Attorney(s) appearing for the Case

Darrell B. Hancock, Fowler, Rouse, Measle & Bell, Lexington, for appellant.

Charles R. Zimmer, Richard S. Smith, Lexington, for appellee.

MOREMEN, Judge.

Alene Faye Haney, age seven, met her death by drowning in the Woodland Park swimming pool in Lexington. The administratrix of her estate filed suit against the City and alleged that the child's death was caused by negligent operation of the pool by the City of Lexington. The City defended on the ground that maintenance and operation of parks and recreational facilities are classified as governmental — not proprietary — functions and,...

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