Kesman v. Fallowfield Township School District
Kesman Et Al. v. Fallowfield Township School District
Opinion of the Court
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.
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.
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(school district not liable for injury to student caused by school bus driver’s negligence; collecting cases)
Cited by 20 cases
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