Grieser v. Com

Full title: Paul T. GRIESER, a minor, in his own right by his parents and natural…

Court: Supreme Court of Pennsylvania

Date published: Sep 26, 1978

390 A.2d 1263 (Pa. 1978)

390 A.2d 1263

Opinion

Submitted September 21, 1978.

Decided September 26, 1978.

Appeal No. 199 March Term, 1977, from the Order of the Commonwealth Court at No. 28 T.D. 1976.

Thomas L. Cooper, Pittsburgh, for appellants.

Jerome W. Kiger, Grogan, Graffam, McGinley Solomon, Pittsburgh, for Borough of Plum.

Kenneth Lee Sable, Dept. of Transportation, Harrisburg, for appellee.

Before EAGEN, C. J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION

PER CURIAM:

The order of the Commonwealth Court is vacated and the case is remanded to that court for consideration in light of Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978).

EAGEN, C. J., and O'BRIEN, and POMEROY, JJ., dissent.