Pushnack v. Borough of Belle Vernon

Carr, J.,

— This is an action of trespass against a municipality for damages resulting from the negligent exercise of its police power. The question of municipal liability for tort committed in the discharge of a governmental function is raised by statutory demurrer.

As the cause of action is pleaded, the chief of police of the Borough of Belle Vernon on the afternoon of April 27, 1941, arrested plaintiff’s husband, lodged him in the local lockup, and departed, leaving no one on watch in or about the premises. Sometime that evening a fire of unknown origin destroyed the lockup and so badly…