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MAYLE v. PA. DEPT. OF HIGHWAYS

No. 1865 C.D. 1975.

26 Pa.Commw. 476 (1976)

Jimmy Mayle, Plaintiff v. Pennsylvania Department of Highways, Defendant.

Commonwealth Court of Pennsylvania.

October 4, 1976.

Attorney(s) appearing for the Case

William M. Panella, for plaintiff.

Richard S. Herskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Submitted on briefs, September 14, 1976, to Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 4, 1976:

Plaintiff, Jimmy Mayle, has filed a Complaint in Trespass against the Department of Transportation of the Commonwealth of Pennsylvania. In his complaint, plaintiff asserts that while traveling on Legislative Route 79, he struck an obstruction and was injured. It is the plaintiff's contention that his accident was caused by the negligence of the Department in failing to take proper safety precautions incident to its resurfacing...

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