Legal Opinion

Healy v. Philadelphia

Supreme Court of Pennsylvania

Decided January 8, 1936No. Appeals, 374 and 375PublishedCited by 6 opinions

1Opinion of the Court

.Opinion by

Mr. Justice Maxey,

The common law rule is that torts cannot arise from the performance of governmental services. The legislature by section 619 of the Act of May 1, 1929, P. L. 905, made a statutory exception to this rule by providing that “every county, city, borough, incorporated town or township . . . employing any person, shall be jointly or severally liable with such person for any damages caused by the negligence of such person while operating a motor vehicle upon a highway in the course of their employment.” By section 102 of the same act, a vehicle is defined as “every…

2Cases cited3 opinions

  1. Devers v. Scranton CitySupreme Court of Pennsylvania · 1932
  2. Graff v. McKeesportSupreme Court of Pennsylvania · 1934
  3. Mooney v. PhiladelphiaSuperior Court of Pennsylvania · 1934

3Cited by6 opinions

  1. Logan, to Use v. Bethlehem CitySupreme Court of Pennsylvania · 1936
  2. Cavey v. BethlehemSupreme Court of Pennsylvania · 1938
  3. American Federation of State, County & Municipal Employees v. Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1952
  4. Osborne v. American Insurance, Pennsylvania Court of Common Pleas, Mercer County1965
  5. Commonwealth v. Ford, Pennsylvania Court of Common Pleas, Fayette County1945

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