Murphy v. Township of Abington

Opinion by

Judge Doyle,

This is an appeal by Mary C. Murphy (Plaintiff) from an order of the Court of 'Common Pleas of Montgomery County sustaining a preliminary objection in the nature of demurrer, filed by the Township of Abington and Albert Herrman, the Township Man*493ager, (Township) which dismissed Plaintiff’s complaint in mandamus. Plaintiff is the widow of James J. Murphy, Sr., who died on May 30, 1980. Mr. Murphy, at the time of his death, was a volunteer member of the Weldon Fire Company for the Township of Abington. On May 30, 1980 Mr. Murphy was directing traffic at the scene of a fire…