Flinchbaugh v. Cornwall-Lebanon Suburban Joint School Authority

Dissenting Opinion by

Mr. Justice Roberts:

I must respectfully dissent from the majority’s decision for two reasons: (1) the plaintiff was injured when the school district was performing a proprietary *408function, and therefore the school district is not immune from liability; (2) the doctrine of governmental immunity should be discarded.

In Morris v. Mt. Lebanon Twp. Sch. Dist., 393 Pa. 633, 637-38, 144 A. 2d 737, 739 (1958), this Court stated: “[T]he concept of proprietary functions has been viewed ‘liberally’ and exceptions to the rule of non-liability for the conduct of governmental functions…