FILIPELLI ET AL. v. DEPT. OF TRANS. ET AL.

No. 780 C.D. 1981.

68 Pa.Commw. 619 (1982)

Mary Filipelli and Geraldine DeProspo, t/d/b/a Quick Deli et al., Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Township of Wilkins and Borough of Turtle Creek, Appellees.

Commonwealth Court of Pennsylvania.

September 9, 1982.


Attorney(s) appearing for the Case

Henry G. Beamer, with him John A. Metz, Jr., Metz, Cook, Hanna & Kelly, for appellants.

Brian H. Baxter, Deputy Attorney General, for appellee.

Argued May 3, 1982, before President Judge CRUMLISH and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., September 9, 1982:

Appellants1 appeal an Allegheny County Common Pleas Court order granting the Commonwealth's motion for judgment on the pleadings. We affirm.

Appellants, property owners abutting a state highway, allege in their amended complaint2 that the Commonwealth negligently installed a culvert...

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