Is there any case law or precedent for a jury to determine whether this was a governmental activity or a proprietary activity?

Appellants' further contention that the question whether this was a governmental or proprietary activity should have been left to the jury is answered by Barrett v. City of San Jose, 161 Cal.App.2d 40, at page 42, 325 P.2d 1026, at page 1027, in which we said: 'Whether under a given state of facts an act of a municipality is performed as part of its governmental function is a question of law for the court, and it is error to submit this question to the jury. [Citing cases.]'