Stouffer v. Morrison

Opinion by

M[r. Justice Bok,

The plaintiff has sued three policemen and the Borough of Shippensburg, Cumberland County, for an alleged personal assault upon him by the officers. The borough filed preliminary objections in the nature of a demurrer, averring immunity from liability. The preliminary objection ivas sustained and the plaintiff has appealed.

In Boorse v. Springfield Township, 377 Pa. 109 (1954), 103 A. 2d 708, Mr. Chief Justice Stern said: “Plaintiff’s case cannot surmount the barrier of the rule establishing- the immunity of municipalities from liability for torts committed by their…