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COM. OF PA., DEPT. OF HWYS. v. ELDRIDGE

408 Pa. 391 (1962)

Commonwealth of Pennsylvania, Department of Highways, Appellant, v. Eldridge.

Supreme Court of Pennsylvania.

September 25, 1962.

Attorney(s) appearing for the Case

Michael J. Stack, Jr., Special Assistant Attorney General, with him J. Shane Creamer, Special Assistant Attorney General, John R. Rezzolla, Jr. and Alan Miles Ruben, Deputy Attorneys General, and David Stahl, Attorney General, for Commonwealth, appellant.

David F. Kaliner, Edward C. German, and LaBrum and Doak, for appellees.

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

OPINION BY MR. JUSTICE EAGEN, September 25, 1962:

On January 7, 1959, about eleven a.m., a tractor trailer loaded with fuel oil collided with a section of the Pencoyd Viaduct, a bridge forming a part of the Schuylkill Expressway, in Montgomery County, Pennsylvania, causing substantial damage to the bridge construction. Alleging that the negligent operation of the tractor trailer was responsible for the accident, the Commonwealth of Pennsylvania, Department of Highways...

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