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COMMONWEALTH v. CITY PHILADELPHIA (05/16/72)

decided: May 16, 1972.

COMMONWEALTH
v.
CITY OF PHILADELPHIA



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Commonwealth of Pennsylvania, Department of Revenue, v. City of Philadelphia, No. 2667, November Term, 1970.

COUNSEL

Louis W. Fryman, with him Herman A. Becker, for appellant.

Howard D. Scher, Assistant City Solicitor, with him James M. Penny, Jr., Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Rogers.

Author: Rogers

[ 5 Pa. Commw. Page 359]

The Commonwealth here appeals from a final judgment entered against it in the Court of Common Pleas of Philadelphia County in a suit in assumpsit. The Commonwealth sued the City of Philadelphia for care and maintenance of an insane person committed by the former Quarter Sessions Court to a state hospital for the criminally insane.

The complaint alleges that the subject person was a prisoner, that he was committed by order of the court, the dates of confinement, the expense of care and maintenance and cites the Act of March 31, 1860, P.L. 427, as amended, 19 P.S. ยง 1351 et seq., as imposing liability upon the City. Attached to the complaint is a freshly certified copy of the order of commitment, which is as follows:

"Order for Commitment

Commonwealth vs. Paul Enck

Philadelphia County

February Term, 1932

No. 31

"And now, to wit, this 10th day of February 1932, the within report having been presented to me, ...


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