COMMONWEALTH v. YOBBAGY


410 Pa. 172 (1963)

Commonwealth v. Yobbagy, Appellant.

Supreme Court of Pennsylvania.

March 19, 1963.


Attorney(s) appearing for the Case

Vincent M. Casey, with him Richard S. Graff, Arnold D. Smorto, and Margiotti & Casey, and Smorto & Creany, for appellant.

Harry A. Heilman, Jr., District Attorney, with him D. Dale Claypool, Assistant District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 19, 1963:

Joseph E. Yobbagy (Yobbagy) and Andrew A. DiEmidio (DiEmidio) on March 15, 1960 were employees of the Commonwealth assigned to the duties of the Mine Drainage Unit of the Sanitary Water Board of the Department of Health.1

"On March 15, 1960 [Yobbagy and DiEmidio] inspected the strip mining operation of the P. & L. Coal Company...

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