Summary
In Ebald v. Philadelphia, 387 Pa. 407, 128 A.2d 352 (1957), this court reaffirmed its holding in Lennox v. Clark, supra, that the General Assembly may limit the powers of home rule municipalities "in relation to substantive matters of State-wide concern."
Summary of this case from Ortiz v. ComOpinion
Argued November 26, 1956
Decided January 7, 1957
Municipalities — Philadelphia — Policemen — Occupational diseases — Compensation — Philadelphia Civil Service Regulation 32 — First Class City Home Rule Act — Act of June, 28, 1935, P. L. 477.
The Act of June 28, 1935, P. L. 477 (which provides for compensation of policemen and firemen throughout the State of Pennsylvania for diseases of the heart and lungs in certain circumstances) is inapplicable to Philadelphia employes in view of Philadelphia Civil Service Regulation No. 32 (which provides a comprehensive program for disability compensation for policemen and firemen); Regulation 32 supersedes the Act of 1935 under § 11 of the First Class City Home Rule Act of April 21, 1949, P. L. 665.
Mr. Justice MUSMANNO dissented.
Before STERN, C. J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeal, No. 261, Jan. T., 1956, from order of Court of Common Pleas No. 6 of Philadelphia County, Sept. T., 1955, No. 6897, in case of William F. Ebald v. City of Philadelphia. Order affirmed.
Same case in court below: 7 Pa. D. C.2d 179.
Assumpsit.
Defendant's preliminary objections sustained and order entered dismissing complaint, opinion by LEVINTHAL, J. Plaintiff appealed.
Alexander F. Barbieri, for appellant.
William D. Valente, Assistant City Solicitor, with him David Berger, City Solicitor, and James L. Stern, Deputy City Solicitor, for appellee.
The order of the court below sustaining defendant's preliminary objection is affirmed on the opinion of Judge LEVINTHAL, 7 Pa. D. C.2d 179.
Mr. Justice MUSMANNO dissents.