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.