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DUBREE, JR., Exr. v. COMMONWEALTH et al.

Appeal, No. 433 C.D. 1972.

8 Pa.Commw. 567 (1973)

DuBree, Jr., Executor, v. Commonwealth, et al.

Commonwealth Court of Pennsylvania.

April 9, 1973.

Attorney(s) appearing for the Case

Harry R. Nixon, with him Schneider & Nixon, for appellant.

Edward V.A. Kussy, Assistant Attorney General, with him Stuart M. Bliwas, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellee, Commonwealth.

Richard P. McBride, with him Power, Bowen & Valimont, for individual appellees.

Argued February 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, April 9, 1973:

At about 11:30 p.m., on August 6, 1969, Roland DuBree (decedent) was operating his motor vehicle on Street Road in Warrington Township, Bucks County. Two days previously a bridge had been removed, and an opening had been left in Street Road approximately twenty feet across, eighteen feet wide and ten feet deep. The decedent, apparently unaware of this excavation, crashed...

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