Opinion
January 8, 1971.
April 22, 1971.
Before BELL, C. J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 639, Jan. T., 1970, from judgment of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1970, No. 2770, in case of Bertha Young, parent and natural guardian of Theresa Young and, Bertha Young in her own right, v. School District of Philadelphia. Judgment affirmed.
Trespass for personal injuries. Before HIRSH, J.
Preliminary objections by defendant sustained, and plaintiff's complaint dismissed. Plaintiff appealed.
Allan Kaufman, with him Gordon and Kaufman, for appellant.
Jerome A. Zaleski, for appellee.
Judgment affirmed. See, Carlo v. Scranton, 319 Pa. 417, 179 A. 561 (1935).
Mr. Justice ROBERTS dissents for the reasons most recently noted in Smeltz v. Copeland, 440 Pa. 224, 226, 269 A.2d 466, 468 (1970) (dissenting opinion) and once again urges that the unwise and unjust doctrine of governmental immunity be abolished.
Mr. Justice POMEROY dissents for the reasons set forth in his dissenting opinion in Laughner v. Allegheny County, 436 Pa. 572, 576, 261 A.2d 607 (1970).