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PennDOT v. CONRAIL.

Nos. 1634 C.D. 1985 and 1829 C.D. 1985.

102 Pa.Commw. 611 (1986)

519 A.2d 1058

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Consolidated Rail Corporation, Appellee. Consolidated Rail Corporation, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

December 29, 1986.

Attorney(s) appearing for the Case

Brian H. Baxter, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant/appellee.

David P. Helwig, with him, Aloysius F. Mahler, Sharlock, Repcheck & Mahler, for appellee/appellant.

Argued October 8, 1986, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 29, 1986:

The Department of Transportation (DOT) and Consolidated Rail Corporation (Conrail) cross-appeal an Allegheny County Common Pleas Court order denying post-trial motions and entering judgment in favor of Conrail. We affirm.

A landslide removed the soil supporting a railroad bed next to a DOT-maintained highway and caused Conrail's railroad tracks to shift. As a result, a train wreck involving substantial...

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