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FULLER et ux. v. COMMONWEALTH

197 Pa.Super. 222 (1962)

Fuller et ux., Appellants, v. Commonwealth.

Superior Court of Pennsylvania.

January 16, 1962.

Attorney(s) appearing for the Case

W. Robert Thompson, with him R. Wallace Maxwell, and Thompson and Baily, for appellants.

Robert W. Cunliffe, Assistant Attorney General, with him John R. Rezzolla, Chief Counsel, and David Stahl, Attorney General, for Commonwealth, appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY FLOOD, J., January 16, 1962:

When the Department of Highways reconstructed High Street in the Borough of Waynesburg, in 1956, the grade of the roadway in front of the plaintiffs' property was lowered and a new curb was laid below the existing pavement. In the course of laying the curb the contractor broke a part of the pavement, extending at one point eight to ten inches back from the curb. As a result...

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