Husser v. Pittsburgh School District

Supreme Court of Pennsylvania

Husser v. Pittsburgh School District

228 A.2d 910, 425 Pa. 249, 1967 Pa. LEXIS 675

CourtSupreme Court of Pennsylvania

DecidedMay 2, 1967

DocketAppeal, 90

StatusPublished

Cited by14 cases

This text of 228 A.2d 910 (Husser v. Pittsburgh School District) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Husser v. Pittsburgh School District, 228 A.2d 910, 425 Pa. 249, 1967 Pa. LEXIS 675 (Pa. 1967).

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Opinion

Per Curiam,

The minor plaintiff attended a public high school in the city of Pittsburgh. While leaving the school through the boys’ exit at the end of the day’s classes on February 11, 1965, he was accosted, assaulted and seriously beaten by a group of rowdy youths when he refused their demands for money. This action for damages against the school district was later institut[251]*251ed. The lower court sustained preliminary objections to the complaint in the nature of a demurrer and dismissed the action. The plaintiffs appeal.

The complaint alleges that similar criminal acts occurred with great frequency in and about the same school during the months immediately prior to the attack involved; that the school district and its agents knew of the existence of these occurrences and the danger present to those attending the school; and neglected and refused to take any precautionary measures to protect the safety of the minor plaintiff or the other pupils attending the school.

Appellants’ counsel earnestly argues that the Pennsylvania rule, which protects a school district while engaged in the exercise of its governmental functions from vicarious liability for the tortious infliction of injury by its agents and employees, should be abolished. The rule was recently reiterated in Dillon v. York City School District, 422 Pa. 103, 220 A. 2d 896 (1966). We again affirm our ruling in this respect.

Appellants also contend, that the conduct of the defendant was tantamount to the maintenance of a nuisance on the school property to which the immunity rule does not apply. The acts complained of may constitute negligence on the part of the school district, but do not constitute a nuisance in law. See, Carlo v. Scranton School District, 319 Pa. 417, 179 A. 561 (1935); Anderson v. Philadelphia, 380 Pa. 528, 112 A. 2d 92 (1955); and, Moss v. School District of Norristown, 250 F. Supp. 917 (E.D. Pa. 1966).

Judgment affirmed.

Mr. Justice Jones concurs in the result.

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Opinion

Per Curiam,

The minor plaintiff attended a public high school in the city of Pittsburgh. While leaving the school through the boys’ exit at the end of the day’s classes on February 11, 1965, he was accosted, assaulted and seriously beaten by a group of rowdy youths when he refused their demands for money. This action for damages against the school district was later institut[251]*251ed. The lower court sustained preliminary objections to the complaint in the nature of a demurrer and dismissed the action. The plaintiffs appeal.

The complaint alleges that similar criminal acts occurred with great frequency in and about the same school during the months immediately prior to the attack involved; that the school district and its agents knew of the existence of these occurrences and the danger present to those attending the school; and neglected and refused to take any precautionary measures to protect the safety of the minor plaintiff or the other pupils attending the school.

Appellants’ counsel earnestly argues that the Pennsylvania rule, which protects a school district while engaged in the exercise of its governmental functions from vicarious liability for the tortious infliction of injury by its agents and employees, should be abolished. The rule was recently reiterated in Dillon v. York City School District, 422 Pa. 103, 220 A. 2d 896 (1966). We again affirm our ruling in this respect.

Appellants also contend, that the conduct of the defendant was tantamount to the maintenance of a nuisance on the school property to which the immunity rule does not apply. The acts complained of may constitute negligence on the part of the school district, but do not constitute a nuisance in law. See, Carlo v. Scranton School District, 319 Pa. 417, 179 A. 561 (1935); Anderson v. Philadelphia, 380 Pa. 528, 112 A. 2d 92 (1955); and, Moss v. School District of Norristown, 250 F. Supp. 917 (E.D. Pa. 1966).

Judgment affirmed.

Mr. Justice Jones concurs in the result.

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228 A.2d 910, 425 Pa. 249, 1967 Pa. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/husser-v-pittsburgh-school-district-pa-1967.

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