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KUNZ v. TITUSVILLE

373 Pa. 528 (1953)

Kunz v. Titusville, Appellant.

Supreme Court of Pennsylvania.

May 25, 1953.

Attorney(s) appearing for the Case

Stuart A. Culbertson, with him Rowland B. Mahany, for appellant.

F. Joseph Thomas, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, May 25, 1953:

This appeal involves once again the question whether a given activity of a municipality partakes of the nature of a governmental or a proprietary function; if the former, the municipality is immune from tort liability; if the latter, it is legally responsible for injury caused by the negligence of its employes.

Plaintiff conducted a business of collecting garbage and rubbish from business places in the...

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