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RYALS v. CITY OF PHILADELPHIA

848 A.2d 1101 (2004)

Jean RYALS and Jesse Ryals v. CITY OF PHILADELPHIA and Commonwealth of Pennsylvania, Department of Transportation, and SEPTA Appeal of City of Philadelphia.

Commonwealth Court of Pennsylvania.

Decided May 7, 2004.

Attorney(s) appearing for the Case

Alan C. Ostrow, Philadelphia, for appellant.

George F. Bihn, III, Philadelphia, for appellees.

BEFORE: COHN, Judge, and LEAVITT, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge COHN.

The issue before us is which governmental body, the City of Philadelphia (City) or the Pennsylvania Department of Transportation (DOT), bears responsibility for maintaining a crosswalk, formed by interlocking precast concrete pavers ("zbricks") and concrete headers, that crosses a City street that has been adopted as a State highway. The resolution of that question is, in turn, governed by whether the concrete headers and z-bricks that form...

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