Kesman v. Fallowfield Township School District
Cases that cite this one
20 later published cases cite this decision.
- Meyerhoffer v. East Hanover Township School District (District Court, M.D. Pennsylvania 1968)
- Parks v. Parks (Pa. 1957)
- Zauflik, A., Aplt. v. Pennsbury School District (Pa. 2014)
- Supler v. North Franklin Township School District (Pa. 1962)
- Rosenau v. East Stroudsburg School District (Monroe County Court of Common Pleas 2010)
- Longpre v. Joint School District No. 2 (Mont. 1968)
- Moss v. School District of Norristown (District Court, E.D. Pennsylvania 1966)
- Rupe v. State Public School Building Authority (District Court, W.D. Pennsylvania 1965)
- Livingston Ex Rel. Livingston v. Regents of the New Mexico College of Agriculture & Mechanic Arts (N.M. 1958)
- Tomlinson v. Trustees of University of Pennsylvania (District Court, E.D. Pennsylvania 1958)
- Commonwealth ex rel. Orris v. Roberts (Pa. 1958)
- Holland v. Western Airlines, Inc. (District Court, D. Montana 1957)
- Michael v. Lancaster School District (Lancaster County Court of Common Pleas 1957)
- Hummer v. School City of Hartford City (Ind. Ct. App. 1953)
- Siidekum v. Animal Rescue League of Pittsburgh (Pa. 1945)
- Hartness v. Allegheny County (Pa. 1944)
- Ayala v. Philadelphia Board of Public Education (Pa. 1973)
- Kennedy v. Gamble & Gamble Construction Co. (Butler County Court of Common Pleas 1961)
- Drobny v. Trustees of F. H. Buhl Club (Mercer County Court of Common Pleas 1956)
- Hoffman v. City of Scranton (Lackawanna County Court of Common Pleas 1952)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
*458 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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.