Opinion
November 14, 1963.
January 7, 1964.
Commonwealth — Instrumentalities of Commonwealth — General State Authority — Immunity from tort liability.
The General State Authority is an instrumentality of the Commonwealth of Pennsylvania which is engaged in the performance of a governmental function and, as such, is immune from liability in trespass for damages resulting from the negligence of its agents and employes.
Mr. Justice MUSMANNO dissented.
Argued November 14, 1963. Before BELL, C. J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 219, Jan. T., 1963, from judgment of Court of Common Pleas No. 1 of Philadelphia County, March T., 1961, No. 3460, in case of Paul M. Roney v. The General State Authority. Judgment affirmed.
Trespass.
Defendant's preliminary objections sustained and judgment entered for defendant, opinion by GLEESON, J. Plaintiff appealed.
Gilbert I. Yaros, with him Norman Shigon, for appellant.
Edward W. Madeira, Jr., with him John B. H. Carter, for appellee.
The issue presented on this appeal is whether the doctrine of governmental immunity applies to appellee, The General State Authority. In Rader v. Pennsylvania Turnpike Commission, 407 Pa. 609, 182 A.2d 199 (1962), we held that the Pennsylvania Turnpike Commission was an instrumentality of the Commonwealth engaged in a governmental function and hence immune from liability for the negligence of its employees. The reasoning of that case compels an identical result here.
Judgment affirmed.
Mr. Justice MUSMANNO dissents.