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SWEIGARD et al. v. PA. DEPT. of TRANS.

454 Pa. 32 (1973)

Sweigard et al., Appellants, v. Pennsylvania Department of Transportation.

Supreme Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

F. Lee Shipman, with him Goldberg, Evans & Katzman, for appellants.

Edward V.A. Kussy, Assistant Attorney General, with him Edward A. Hosey, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, September 19, 1973:

Appellants commenced an action in trespass alleging injuries while proceeding along Pennsylvania Route 147, resultant from a rock fall due to negligent maintenance and construction by the Pennsylvania Department of Transportation. This appeal arises from an order of the Commonwealth Court sustaining the Commonwealth's preliminary objections based on constitutional immunity, as found in...

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