Commonwealth v. Zommick

Opinion by

Mr. Justice Jones,

The question raised on this appeal is whether the liability imposed by Section 3 of the Act of 1915 1 upon the persons therein designated for the maintenance of an inmate of a State institution is primary or secondary, the patient’s own common law liability in such regard is declared and continued by Section 1 of the Act.

In this suit, brought by the Commonwealth against a father to recover for his son’s maintenance in a State institution, the trial court ruled that, under the evidence in the case, it was incumbent upon the Commonwealth to establish the continuing…