# Stouffer v. Morrison

> Supreme Court of Pennsylvania · June 30, 1960 · 400 Pa. 497

URL: https://www.frixlaw.com/law-library/cases/9760986

## Case

- **Full name:** Stouffer, Appellant, v. Morrison
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 30, 1960
- **Citations:** 400 Pa. 497; 162 A.2d 378; 1960 Pa. LEXIS 370
- **Precedential status:** Published
- **Opinion:** Concurrence by Cohen
- **Judges:** Bell, Benjamin, Bok, Cohen, Eagen, Jones, Musmanno
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760986

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760986. Public record. Not legal advice.