(dissenting). I do not concur with the opinion expressed by the majority. To my mind it is clear that the very act of charging admission for riding the excursion boat while entrance to the park was otherwise free indicates that the commission was profit minded in operating the boat. Certainly the price of a ticket was not set to intentionally incur a loss. Although it is claimed that the charges assessed for riding the boat were designed to afford the defendant some control over passengers, the same degree of control could have been achieved by a gratis distribution of the tickets. Had the commission not been profit minded, no admission would need to have been charged at all.
More importantly, however, the majority, in determining the question of the defendant’s liability by relying exclusively upon whether a pecuniary profit was made in operating the excursion boat, place prospective injured plaintiffs at the mercy of a governmental agency’s management skills and business practices. For example, in Matthews v City of Detroit, 291 Mich 161, 167-168; 289 NW 115, 118 (1939), a plaintiff visited the Detroit Zoological Park. The city operated a miniature railroad within the park to transport visitors to various points of interest. As here, there was no charge for admission to the park, but fare on the *285railroad was five cents. The park was maintained at the city’s expense; however, the operation of the railroad was profitable, though offset by the greater expense of maintaining the park. Plaintiff paid the five-cent fare and was transported via the railroad to an exhibit on the grounds. While attempting to step off the car, however, the engine jerked and plaintiff was tossed to the platform and injured. Plaintiff brought suit against the city and recovered a jury verdict. The City of Detroit appealed alleging inter alia the defense of governmental immunity. In rejecting this argument and affirming the plaintiff’s verdict, the Court stated:
"It is our conclusion that while the city of Detroit was maintaining the zoological park in its purely governmental capacity, nevertheless in its operation of the miniature railroad, with a resultant profit therefrom, it was exercising a proprietary function; and was liable for negligence arising from such operation.”
To grant relief in one case and deny it in the case at bar merely upon the happenstance a profit was turned by a governmental agency is both illogical and unconscionable. I can perceive of no sound reason why plaintiffs should not have their day in court.
Therefore I vote to reverse and remand the case for a trial on the merits.