Opinion

Stouffer v. Morrison

  • 400 Pa. 497
  • 162 A.2d 378
  • 1960 Pa. LEXIS 370
Court
Supreme Court of Pennsylvania
Filed
Jun 30, 1960
Status
Published
Author
Cohen
On the bench
Bell, Benjamin, Bok, Cohen, Eagen, Jones, Musmanno
Cited by
15 cases
Authority
More cited than 10.4%

concurring opinion by the late Mr. Justice Cohen joined by this writer

How later courts described this case

  • concurring opinion by the late Mr. Justice Cohen joined by this writer
  • concurring opinion of Justice COHEN
  • “This case once again demonstrates the urgent need for legislative action.”

Written by the judges who cited it.

The opinion

Concurring Opinion by

Mr. Justice Cohen:

This case once again demonstrates the urgent need for legislative action. The attempt to determine wheth *503 er liability exists when a state or municipal activity is conducted negligently by the test of whether it is a governmental or proprietary function has resulted in complete confusion. Morris v. Mount Lebanon Township School District, 393 Pa. 633 , 144 A. 2d 737 (1958).

We have treated torts by public employees on an ad hoc basis. No course has been charted to guide the courts in determining when and to what extent liability should be imposed. Our prior decisions can neither be distinguished nor justified. This confusion can only be resolved by legislative enactment. We should honestly recognize that our conclusions are applicable only to the case now under consideration, and solely on that basis do I concur in the result.

Mr. Justice Benjamin B. Jones joins in this concurring 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.

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