Opinion
October 6, 1942.
November 23, 1942.
Negligence — School districts — Governmental functions — Transportation of children by bus — Liability insurance.
1. A school district is not liable for the negligence of its servants while transporting children to school. [458]
2. A school district does not waive its immunity from tort liability by procuring liability insurance. [458]
Submitted October 6, 1942.
Before SCHAFFER, C. J.; MAXEY, DREW, LINN, STERN, PATTERSON and PARKER, JJ.
Appeals, Nos. 148 and 149, March T., 1941, from judgment of C. P. Washington Co., Feb. T., 1938, No. 315, in case of Frank Kesman, by his mother and next friend, Mary Kesman, and Mary Kesman, in her own right, v. School District of Fallowfield Township. Judgment affirmed.
Trespass for personal injuries.
Affidavit of defense raising questions of law sustained and judgment entered for defendant, before HUGHES, P. J., GIBSON and BURNSIDE, JJ., opinion by HUGHES, P. J. Plaintiffs appealed.
Paul N. Barna and Samuel G. Wagner, of Wagner Wagner, for appellants.
Rufas S. Marriner and John F. Wiley, of Marriner Wiley, for appellee.
The plaintiffs averred that the minor plaintiff was injured in 1936 by the negligent operation of defendant's school bus while a passenger in it on his way to school and that the school district was insured, by a policy made part of the statement of claim, against liability for such injuries. The school district filed a statutory demurrer which was sustained.
It has been repeatedly held that school districts are not liable for such negligence: Devlin v. Phila. School District, 337 Pa. 209, 10 A.2d 408; Goldstein v. Phila. School District, 329 Pa. 71, 196 A. 863; Carlo v. Scranton School District, 319 Pa. 417, 179 A. 561; Ford v. Kendall Borough School District, 121 Pa. 543, 15 A. 812. The same rule prevails in many other jurisdictions.
In appellants' argument, it is suggested that as the defendant protected itself by liability insurance, it waived the immunity otherwise conceded to exist. No principle was suggested that would support a judgment against the defendant: compare Silverstein v. Kastner, 342 Pa. 207, 20 A.2d 205.
Judgment affirmed.