Appeal, No. 223, March T., 1962, from order and judgment of Court of Common Pleas of Allegheny County, April T., 1961, No. 970, in case of Helen L. Brown and Charles F. Brown, her husband, v. City of Pittsburgh and East Liberty Presbyterian Church. Order and judgment affirmed.
Marcus Aaron, II, Assistant City Solicitor, with him David W. Craig, City Solicitor, for City of Pittsburgh, appellant.
Thomas M. Rutter, Jr., for appellees.
James R. Orr, with him Reed, Smith, Shaw & McClay, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.
OPINION BY MR. JUSTICE EAGEN
The plaintiff, Helen L. Brown, on January 26, 1959, fell and was seriously injured while walking on the sidewalk in front of the East Liberty Presbyterian Church (Church) in the City of Pittsburgh. On October 12, 1960, Helen L. Brown and her husband, Charles F. Brown, received the sum of $2000 in cash from the Church, and executed and delivered in return a release, completely discharging the Church from all claims for damages arising out of the accident and resulting injuries.
On January 25, 1961, the plaintiffs, claiming that the fall described above was caused by a dangerous accumulation of ice and snow, existing on the sidewalk for an unreasonable length of time, instituted this action for damages against the City of Pittsburgh (City). The City filed a complaint to join, on the record, the Church as an additional defendant.
The Church filed an answer to the City's complaint asserting non-liability by reason of the immunity accorded eleemosynary institutions and also because of the release from liability given by the plaintiffs to the Church as hereinbefore described.
The Church subsequently filed a motion for judgment on the pleadings on the ground that it was immune
from tort liability. The City then filed a motion for judgment on the pleadings contending that the release given by the plaintiffs to the Church, also released the City from liability. It further asserted that the Church in making a monetary settlement with the plaintiffs, and in accepting the release in return, waived any right to assert its immunity. The lower court entered ...