COMMONWEALTH v. EISENMENGER


365 Pa. 127 (1950)

Commonwealth, Appellant, v. Eisenmenger.

Supreme Court of Pennsylvania.

June 26, 1950.


Attorney(s) appearing for the Case

Frederick Y. Dietrick, Randolph C. Ryder, Deputy Attorney General and T. McKeen Chidsey, Attorney General, for appellant, submitted a brief.

H. Alvan Baird, for appellee, submitted a brief.

Before DREW, C.J., STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE JONES, June 26, 1950:

The appellee, Eisenmenger, was involved in an automobile accident (not a fatal one) and as a consequence he was requested by the Secretary of Revenue to submit to an examination such as is given to persons seeking an operator's license for the first time. Section 608(f) of The Vehicle Code, Act of May 1, 1929, P.L. 905, as amended (75 PS § 168), directs that "The secretary may, in his discretion, require the special...

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