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PennDOT v. J. W. BISHOP & CO., INC.

No. 817 C.D. 1976.

29 Pa.Commw. 285 (1977)

Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. J.W. Bishop & Co., Inc., Defendant.

Commonwealth Court of Pennsylvania.

March 17, 1977.

Attorney(s) appearing for the Case

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

F. Lee Shipman, with him Goldberg, Evans & Katzman, for defendant.

Argued February 3, 1977, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., March 17, 1977:

This action in trespass was instituted in this Court pursuant to our original jurisdiction by the Department of Transportation, Commonwealth of Pennsylvania (Plaintiff) on May 5, 1976. The complaint alleges that on or about June 6, 1969, a vehicle owned by J.W. Bishop & Co., Inc. (Defendant) was negligently driven across a steel truss bridge owned by Plaintiff, causing "trusses of said bridge to fail and said bridge...

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