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COMMONWEALTH v. CITY OF PHILA

Appeal, No. 535 C.D. 1971.

5 Pa.Commw. 358 (1972)

Commonwealth v. City of Philadelphia.

Commonwealth Court of Pennsylvania.

May 16, 1972.

Attorney(s) appearing for the Case

Louis W. Fryman, with him Herman A. Becker, for appellant.

Howard D. Scher, Assistant City Solicitor, with him James M. Penny, Jr., Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellee.

Argued April 5, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, May 16, 1972:

The Commonwealth here appeals from a final judgment entered against it in the Court of Common Pleas of Philadelphia County in a suit in assumpsit. The Commonwealth sued the City of Philadelphia for care and maintenance of an insane person committed by the former Quarter Sessions Court to a state hospital for the criminally insane.

The complaint alleges that the subject person was a prisoner, that he was committed by order...

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