Anderson v. Philadelphia

Opinion by

Me. Justice Arnold,

This action of trespass was instituted against the City of Philadelphia for personal injuries inflicted upon minor plaintiff by fellow-inmates of Pennypack House, a section of the House of Correction created by the city and under the supervision and control of its Department of Public Welfare. Plaintiff appeals from the refusal of his motion for removal of compulsory nonsuit entered by the court below. The nonsuit was granted on the basis that the operation of the institution is a governmental function, thus making the city immune from liability for torts.

In this…