Section 105. Municipal corporations are not liable for the negligence or misfeasance of their officers, agents and employees employed as follows: -

First. Preserving the public peace.

Second. Preserving the public health.

Third. Engaged in the punishment of criminals.

Fourth. Carrying out public education.

Fifth. Caring for the poor.

The reason for the immunity of a municipal corporation in such cases is obvious, as their duties are public and governmental, rather than corporate in their character.8