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Kesman v. Fallowfield Township School District

Kesman Et Al. v. Fallowfield Township School District

Kesman v. Fallowfield Twp. Sch. Dist., 29 A.2d 17 (Pa. 1942)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
October 6, 1942
Docket
Nos. s, 148 and 149
Judges
Drew, Linn, Maxey, Parker, Patterson, Schaffer, Stern
Citations
29 A.2d 17345 Pa. 4571942 Pa. LEXIS 535

Opinion of the Court — Per Curiam

Per Curiam, The plaintiffs averred that the minor plaintiff was injured in 1936 by the negligent operation of defendant’s school bus while a passenger in it on his way to school and that the school district was insured, by a policy made part of the statement of claim, against liability for such injuries. The school district filed a statutory demurrer which was sustained.

*458 It has been repeatedly held that school districts are not liable for such negligence:

Devlin v. Phila. School District.

337 Pa. 209 , 10 A.2d 408 ;

Goldstein v. Phila. School District, 329 Pa. 71 , 196 A. 863 ;

Carlo v. Scranton School District, 319 Pa. 417 , 179 A. 561 ;

Ford v. Kendall Borough School District, 121 Pa. 543 , 15 A. 812 . The same rule prevails in many other jurisdictions.

In appellants’ argument, it is suggested that as the defendant protected itself by liability insurance, it waived the immunity otherwise conceded to exist. No principle was suggested that would support a judgment against the defendant: compare Silverstein v. Kastner, 342 Pa. 207 , 20 A.2d 205 .

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 20 cases

View all citing references →
1944: 11945: 11952: 11953: 11956: 11957: 31958: 31961: 11962: 11965: 11966: 11968: 21973: 12010: 12014: 119442026peak 1957 · 3

Relies on it most ⓘ

  1. Meyerhoffer v. East Hanover Township School District280 F. Supp. 81 (M.D. Penn. 1968)
  2. Supler v. North Franklin Township School District182 A.2d 535 (Pa. 1962)
  3. Siidekum v. Animal Rescue League of Pittsburgh45 A.2d 59 (Pa. 1945)
  4. Parks v. Parks135 A.2d 65 (Pa. 1957)
  5. Commonwealth ex rel. Orris v. Roberts141 A.2d 393 (Pa. 1958)
  6. Zauflik, A., Aplt. v. Pennsbury School District104 A.3d 1096 (Pa. 2014)

Most recent

  1. Zauflik, A., Aplt. v. Pennsbury School District104 A.3d 1096 (Pa. 2014)
  2. Rosenau v. East Stroudsburg School District15 Pa. D. & C.5th 392 (2010)
  3. Ayala v. Philadelphia Board of Public Education305 A.2d 877 (Pa. 1973)
  4. Longpre v. Joint School District No. 2443 P.2d 1 (Mont. 1968)
  5. Meyerhoffer v. East Hanover Township School District280 F. Supp. 81 (M.D. Penn. 1968)
  6. Moss v. School District of Norristown250 F. Supp. 917 (E.D. Pa. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Ford v. Kendall Bor. Sch. Dist., 15 A. 812 (Pa. 1888) 81
Carlo v. Scranton Sch. Dist., 179 A. 561 (Pa. 1935) 24
Silverstein v. Kastner, 20 A.2d 205 (Pa. 1941) 12
Devlin v. Philadelphia Sch. Dist., 10 A.2d 408 (Pa. 1939) 7
Foster v. Mut. Guarantee Bldg. & Loan Ass'n, 196 A. 863 (Pa. 1938) 7
Goldstein v. Philadelphia Sch. Dist., 198 A. 863 (Pa. 1938) 7

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