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FLINCHBAUGH ET VIR v. CORNWALL-LEBANON SUBURBAN JOINT SCHOOL AUTHORITY (05/04/70)

decided: May 4, 1970.

FLINCHBAUGH ET VIR, APPELLANTS,
v.
CORNWALL-LEBANON SUBURBAN JOINT SCHOOL AUTHORITY



Appeal from order of Court of Common Pleas of Lebanon County, June T., 1968, No. 918, in case of Cora E. Flinchbaugh et vir v. Spera Construction Company et al.

COUNSEL

James R. Koller, with him Siegrist, Koller & Siegrist, for appellants.

Bernerd A. Buzgon, with him Davis, Katz, Buzgon & Davis, for appellees.

Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Chief Justice Bell took no part in the consideration or decision of this case. Dissenting Opinion by Mr. Justice Roberts. Dissenting Opinion by Mr. Justice Pomeroy.

Author: Per Curiam

[ 438 Pa. Page 407]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Mr. Justice Roberts:

I must respectfully dissent from the majority's decision for two reasons: (1) the plaintiff was injured when the school district was performing a proprietary

[ 438 Pa. Page 408]

    function, and therefore the school district is not immune from liability; (2) the doctrine of governmental immunity should be discarded.

In Morris v. Mt. Lebanon Twp. Sch. Dist., 393 Pa. 633, 637-38, 144 A.2d 737, 739 (1958), this Court stated: "[T]he concept of proprietary functions has been viewed 'liberally' and exceptions to the rule of non-liability for the conduct of governmental functions have been created because of judicial recognition that the losses caused by the torts of public employees should properly ...


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