school buildings. Certainly it is more necessary than a playground which is considered a part of the educational system for the physical relaxation of the students and pupils who attend the school. Michael v. School District of Lancaster, supra; Kesman et al. v. Fallowfield Township School District, 345 Pa. 457, 29 A.2d 17 (1942); Goldstein v. Philadelphia School District, supra; Carlo v. Scranton School District, 319 Pa. 417, 179 A. 561 (1935).
The plaintiff in argument theorizes on page 2-b of her brief, "If this Honorable Court follows the law in the case of Gerr v. Emrick et al., supra, the plaintiff can maintain this action. However, if the Court follows the decision of law in the case of Rader v. Pa. Turnpike Commission, 407 Pa. 609, 192  A.2d 199, which held that the turnpike commission is an instrumentality of the Commonwealth and engaged in a governmental function, and therefore not liable for torts, the plaintiff's case against the Authority is in a precarious position."
In Gerr et al. v. Emrick et al., 283 F.2d 293, C.A.3 (1960), our Court of Appeals for the Third Circuit held that the Pennsylvania Turnpike Commission, an instrumentality of the State, which operates and maintains the Pennsylvania Turnpike, was not endowed with the Commonwealth's sovereign immunity from suit for damages resulting from its negligence. This determination was made in the absence of any Pennsylvania appellate decision on that issue.
In 1962, the Supreme Court of Pennsylvania in Rader v. Pennsylvania Turnpike Commission, supra, disagreeing with the United States Court of Appeals, arrived at a different determination. It held the Pennsylvania Turnpike Commission to be an agency of the Commonwealth of Pennsylvania, and as such, immune to any actions against it for negligence. It made this determination (407 Pa. page 617, 182 A.2d page 204) on the basis that the statute by which the Legislature had created it and set forth its purposes stated that the commission was constituted "an instrumentality of the Commonwealth, and the exercise by the commission of the powers conferred by this act * * * shall be deemed and held to be an essential governmental function of the Commonwealth."
Even with the fact that the Pennsylvania Supreme Court has determined that the Turnpike Commission is an instrumentality of the Commonwealth and immune from actions for negligence, there is a difference between the Commission and in our case the Authority. This is pointed out in the minority opinion of Mr. Justice Musmanno when, at page 623, 182 A.2d at page 206, he said that the Turnpike Commission is "definitely and conclusively a business enterprise [and] there is no difference between a ticket to ride on a railroad train and buying a ticket to ride (albeit in your own automobile) on a high-speed highway specially constructed to attract fee-paying clients." The majority opinion at page 613, 182 A.2d at page 201, however, takes it out of the class of proprietary functions when it says "[the] fact that a toll is exacted from users of the turnpike does not change the character of its operation from that of a governmental function."
Under Rader, the Turnpike Commission is ruled to be an instrumentality of the Commonwealth engaged in a governmental function and not liable for torts. At the top of page 614, 407 Pa. 609, 182 A.2d 199, it was indicated that the same phraseology which constituted the Commission as an agency of the Commonwealth for the purpose of performing governmental functions also held true for school districts under the School Code. Since, as we have already shown, these same provisions are contained in the Code of the State Public School Building Authority, the School Authority is more firmly entrenched as an agency of the Commonwealth "as a part of the public school system of the Commonwealth of Pennsylvania under the jurisdiction of the Department of Public Instruction." By law, the State Public School Building Authority stands immune against any action here by the plaintiff and its motion for dismissal of the action against it must be granted.