Opinion

Brown v. National Guard

  • 3 Pa. Commw. 457
  • 1971 Pa. Commw. LEXIS 372
Court
Commonwealth Court of Pennsylvania
Filed
Dec 2, 1971
Status
Published
Author
Crumlish
On the bench
Crumlish, Kramer, Rogers
Cited by
9 cases
Authority
More cited than 9.0%

The opinion

Concurring Opinion by

Judge Crumlish, Jr. :

The Pennsylvania Supreme Court, by order dated October 22,1971, refused to grant allocatur in Lovrinoff et al. v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161 , 281 A. 2d 176 (1971), thus at least *460 for tlie time being maintaining its historical position on the issue of sovereign immunity. This binds me and so I concur in today’s decision. However, in doing so, I reiterate the position I took in my dissenting remarks in Lovrinoff.

Governmental authority arising from increasing involvement in private enterprise must have as its corrolary commensurate responsibility in Torts and Contract. Shielding bureaucrats from intentional or negligent conduct in their dealings with the affairs of the citizens they represent is an archaic concept born in the Divine Right of Kings Theory which has no place in a Democratic Republic.

Judge Kramer joins in this Opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.