# Ayala v. Philadelphia Board of Public Education

> Supreme Court of Pennsylvania · May 23, 1973 · 453 Pa. 584

URL: https://www.frixlaw.com/law-library/cases/6260823

## Case

- **Full name:** Ayala v. Philadelphia Board of Public Education
- **Court:** Supreme Court of Pennsylvania
- **Decided:** May 23, 1973
- **Citations:** 453 Pa. 584; 305 A.2d 877; 1973 Pa. LEXIS 708
- **Precedential status:** Published
- **Opinion:** Concurrence by Manderino
- **Judges:** Bbien, Brien, Eagen, Files, Jones, Jonhs, Mandeeino, Manderino, Nix, Pomeroy, Robeets, Roberts
- **Cited by:** 317 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 (1978).
- Negative treatments: 3
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6260823

## How later opinions describe it (automated extraction)

- holding that, where the reason for a rule of law has disappeared over time, stare decisis may be set aside

## Opinion text

Concurring Opinion by
Mr. Justice Manderino:
I join in the majority opinion by Mr. Justice Roberts. I should like to add that the doctrine of governmental immunity is unconstitutional as is the doctrine of sovereign immunity. No branch of government— the executive, the legislative, or the judicial branch— can deprive a citizen of proper redress for a wrong. The denial of justice in any case is not constitutionally permitted. See Brown v. Commonwealth of Pennsylvania, 453 Pa. 566, 580 , 305 A. 2d 868, 875 (1973) (dissenting opinion by Mr. Justice Manderino).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6260823. Public record. Not legal advice.