MASON & DIXON LINES, INC. v. MOGNET


166 Pa.Commw. 1 (1994)

645 A.2d 1370

The MASON & DIXON LINES, INC. v. Larry W. MOGNET, Jr., and Penn Eastern Corporation, Anthony Shugart, Nelson P. Shugart, the Pennsylvania Department of Transportation, and the Pennsylvania Turnpike Commission, Appellants. MASON AND DIXON LINES, INC. v. Larry W. MOGNET, Jr. and Penn Eastern Corporation v. Anthony SHUGART, Nelson P. Shugart, the Pennsylvania Department of Transportation, and the Pennsylvania Turnpike Commission, Larry W. Mognet, Jr., Appellant.

Commonwealth Court of Pennsylvania.

Decided July 13, 1994.


Attorney(s) appearing for the Case

Harry D. McMunigal and Martin S. Hohenadel, for appellants.

James R. Ronca, for appellees.

Before DOYLE and FRIEDMAN, JJ., and DELLA PORTA, Senior Judge.


DOYLE, Judge.

Larry Mognet and Penn Eastern Corporation appeal from an order of the Court of Common Pleas of Cumberland County of June 9, 1993, which granted a Motion for Summary Judgment filed by the Pennsylvania Turnpike Commission (Commission) on the basis that there was no common law duty to protect turnpike travelers from domestic animals that stray onto the roadway in the path of oncoming traffic.

The case arises out of a collision which occurred on...

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