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

No. 817 C.D. 1976.

55 Pa.Commw. 377 (1980)

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

Commonwealth Court of Pennsylvania.

December 17, 1980.

Attorney(s) appearing for the Case

Paul A. Logan, Assistant Attorney General, with him John T. Kalita, Jr., Assistant Attorney General, Ward T. Williams, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for plaintiff.

F. Lee Shipman, with him Timothy I. Mark, Goldberg, Evans & Katzman, for defendant, J.W. Bishop & Co., Inc.

Harvey Freedenberg, with him David E. Lehman, McNees, Wallace & Nurick, for defendant, George H. Overmoyer.

Argued September 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY JUDGE CRAIG, December 17, 1980:

The Commonwealth of Pennsylvania, through the Department of Transportation, has brought these two separate actions in trespass against defendants George H. Overmoyer and J.W. Bishop & Company, Inc. to recover damages for the collapse of state bridges, allegedly caused by defendants' overweight vehicles. We have consolidated the cases for consideration because both turn upon the same issue.

The pleadings on their...

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