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MICHAEL v. LANCASTER SCHOOL DISTRICT. (01/16/58)

January 16, 1958

MICHAEL, APPELLANT,
v.
LANCASTER SCHOOL DISTRICT.



Appeals, Nos. 319 and 320, Jan. T., 1957, from order of Court of Common Pleas of Lancaster County, Oct. T., 1956, No. 60, in case of Harold K. Michael, individually and as natural guardian of Gary Michael, v. School District of Lancaster et al. Order affirmed.

COUNSEL

Bernard J. Myers, Jr., with him Brown & Zimmerman, for appellant.

Theodore L. Brubaker, Solicitor for Lancaster School District for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

[ 391 Pa. Page 210]

OPINION PER CURIAM

The order of the court below sustaining the preliminary objections filed by the defendant School District of Lancaster is affirmed on the opinion of President Judge WISSLER, 11 Pa.D. & C.2d 150.

Disposition

Order affirmed.

ING OPINION BY MR. JUSTICE MUSMANNO:

Gary Michael, the minor plaintiff in this case, was badly injured in the right eye when, while playing on the playground of the Reigart school in Lancaster, he was struck by a bicycle and thrown against a defective, jagged, wire fence. The minor and his father sued the Lancaster School District, averring that it was negligent in allowing bicycle riding on the playground and in failing to keep the wire fence in a state of repair. The School District filed preliminary objections stating that at the time Gary was injured, the School District was acting within the scope of its governmental functions.

The lower Court sustained the objections and dismissed the Complaint.

While this Court has often said that a school district cannot be held liable for torts ...


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