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COM. ex rel. VARRONNE v. CUNNINGHAM et al.

365 Pa. 68 (1950)

Commonwealth ex rel. Varronne v. Cunningham, Sheriff (et al., Appellant).

Supreme Court of Pennsylvania.

May 22, 1950.

Attorney(s) appearing for the Case

Randolph C. Ryder, Deputy Attorney General, with him Robert T. Grannis, District Attorney, Robert M. Mountenay, Assistant Deputy Attorney General, Harrington Adams, Deputy Attorney General, and T. McKeen Chidsey, Attorney General, for Commonwealth, intervening appellant.

Clyde P. Bailey, with him Dean D. Sturgis, O. Jacob Tallman, Tallman & Walker, Bailey & Geary and Livengood & Nissley, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION BY MR. JUSTICE HORACE STERN, May 22, 1950:

Section 903(g) of The Vehicle Code of May 1, 1929, P.L. 905, as amended, provides that "No truck tractor and semi-trailer combined . . . shall be operated upon any highway with a gross weight in excess of forty-five thousand (45,000) pounds, or in excess of twenty thousand (20,000) pounds on any axle, or in excess of eight hundred (800) pounds on any one wheel for each nominal inch of width of tire on such wheel;...

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