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MAYLE v. PENNSYLVANIA DEPT. OF HWYS.

479 Pa. 384 (1978)

388 A.2d 709

Jimmy V. MAYLE, Appellant, v. PENNSYLVANIA DEPARTMENT OF HIGHWAYS.

Supreme Court of Pennsylvania.

Decided July 14, 1978.

Rehearing Denied and Dissenting Opinion August 31, 1978.

Attorney(s) appearing for the Case

William M. Panella, New Castle, for appellant.

Richard S. Herskovitz, Asst. Atty. Gen., Dept. of Transportation, Harrisburg, for appellee.

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

Rehearing Denied and Dissenting Opinion August 31, 1978. See 390 A.2d 181.

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Jimmy Mayle brought an action in trespass against appellee Pennsylvania Department of Highways in the Commonwealth Court for damages incurred as a result of injuries allegedly caused by appellee's negligent maintenance of Legislative Route 79, a public highway. Appellee asserted that the "sovereign...

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