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RADER v. PA. TURNPIKE COMMISSION

407 Pa. 609 (1962)

Rader, Appellant, v. Pennsylvania Turnpike Commission.

Supreme Court of Pennsylvania.

June 8, 1962.

Attorney(s) appearing for the Case

Harry J. Rubin, with him Cohen, Senft and Rubin, for plaintiffs, appellants.

Bruce E. Cooper, and Cooper and Woodside, for plaintiff, appellant.

Heath L. Allen, with him James K. Thomas, Francis J. O'Gorman, Jr., Henry E. Harner, and Hull, Leiby and Metzger, for defendant, appellee.

Before BELL, C.J., MUSMANNO, JONES, EAGEN and O'BRIEN, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, June 8, 1962:

The sole question presented by these appeals is whether the Pennsylvania Turnpike Commission is immune from liability in trespass for damage resulting from the negligence of its agents and employees. Although the Courts of Common Pleas have decided this question on numerous occasions, it is one of first impression in this Court and the answer is not easy.

Plaintiffs-appellants instituted the present action in...

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