*1 grounds there are no Since reasonable for the action below, Court, court the Order Commonwealth remanded, which decree vacated the is affirmed. party Each to bear own costs. J.,
MANDERINO, dissents. ROBERTS, dissents, believing J., re- record grounds apparently flects the existence of reasonable supporting grant preliminary in- chancellor’s a junction. He would therefore the order reverse affirm decree Court Court and of Common Pleas of Lackawanna County. NIX, JJ., participate in the con-
EAGEN did sideration decision this case. A.2d Specter, wife, Appellants,
Irving Marie his SPECTER Pennsylvania and COMMONWEALTH of Pennsylvania Turnpike Commission. Pennsylvania.
Supreme Court of Argued 17, 1975. Jan. July
Decided act board to law caused school found to be an error of prelimi authority court can issue statutory before a outside its Township v. Chester District nary injunction. School Chester Cf. District, 294, 210 A.2d School *2 J., Eagen O’Brien, JJ., Jones, dissented C. part. Roberts, dissenting opinion J., concurring and filed Nix, joined. J., dissenting opin- concurring Manderino, J., filed ion. C., Schwartz, Mark Bock, M. Mendel & P.
Harris T. appellants. Mendel, Philadelphia for Morris, Atty. Gen., Harrisburg, Deputy Burton D. appellee, Pa. Commission. ¿Robert Mette, Woodside, Shearer, Stover,
Jack J. M. Atty. Deputy Woodside, Silver, Lawrence Hoerner & Gen., Atty. Litigation, Kane, Gen., Chief, Robert P. Civ. *3 Pennsylvan- Harrisburg, appellee Commonwealth ia. O’BRIEN, EAGEN, ROB- JONES, J.,
Before and C. ERTS, POMEROY, MANDERINO, JJ. NIX and
OPINION POMEROY, Justice. wife, have Marie, his
Appellants, Irving Specter and Penn- and sued Commonwealth “Commis- sylvania Commission [hereinafter on injured a collision alleging they in were sion”] neglience solely of a Commis- by the caused vehicle, in driving employee, Commission-owned sion travel- warning illegal while making without U-turn speed. ing high at a rate of objections in of a demurrer
Preliminary the nature sovereign immunity, bar were sustained because of appeal complaint This was dismissed. followed.1 223, II, 31, 1970, § P.S. July No. 1. Act P.L. Art. (Supp.1974). 211.203 challenges im- to the again presented We are thus from munity and the Commission of the Commonwealth liablity suit for tort.
I I, of the Constitution Article Section may be P.S., provides part that “suits Pennsylvania, brought against manner, in such the Commonwealth may Legislature in such cases as such courts and recently con repeatedly and This law direct.” Court has imposing quoted language a constitutional as strued against bar to suits Commonwealth leaving legislature how and it determine and as in Brown when lifted.2 we this bar shall be As said 868, 871 305 A.2d sovereign doctrine of “[w]hether legislative is a should in this be modified holding upon our question. contrary We could not base a speedi impatience Legislature’s act as with the failure to ly re comprehensively We as we believe should.” opinion, in the conviction main of this founded is as legislative to the the bar to suit absent direction legislature contrary constitutionally mandated. sovereign having immunity of the chosen to maintain the against the as to the action Com character, suits this may trial court maintained, monwealth and the be objections sustaining preliminary was correct dismissing complaint Commonwealth.
II
however,
consideration,
we conclude
After mature
immunity enjoyed by
not ex-
the Commonwealth does
32,
Department
Transportation,
Sweigard
309
v.
Pa.
2.
454
See
of
Commonwealth,
566, 305 A.2d
v.
Brown
(1973);
453 Pa.
A.2d 374
Orsatti,
72,
A.2d 313
Commonwealth v.
(1973);
Pa.
292
448
868
269,
Corp., 404 Pa.
Gas
York State Nat.
(1972);
Bannard v. New
Liquor
Con
also Biello v.
(1960);
tend. action it to Commission. The must proceed. remainder of this therefore be allowed to opinion holding. for elucidates the basis this acknowledge has at the outset this Court
We immunity of twice held that the Commission shares subject to therefore not suits the Commonwealth and is employees negligence agents arising out of of Turnpike. of the in the course of their maintenance Pa. 407 Rader v. Baird, Pa. (1962); A.2d Thomas 433 199 however, pre cases, Both of these Ayala Philadelphia Ed Board ceded decision our ucation, in which we 305 A.2d applied as it insofar discarded the doctrine of governmental political other entities subdivisions or doctrine, being a than the This Commonwealth itself. judicial distinguished product from consti decision as long no directive, It tutional we felt free to abolish.3 is governmental body therefore, er a avoid possible, Rather, governmental simply suit nature. because any governmental entity de is to suit whether amenable part pends upon whether it or is not “Common is 11, I, is wealth” as that term used in Article Section immunity of the Constitution, which establishes the part, from immune If such a is Commonwealth. is suit; subject not, if it it is to suit. but opinion equate the im-
Although in Rader seems munity with that Common- of the Commission expressly held nor Baird was it wealth, in neither Rader and, part that the Commission is observed, were decided at a just both cases as we have necessary strictly holding time when such light immunity. claim of the Commission’s sustain rationale, opinion 885-86, part see III For an elaboration of this 3. 599-603, A.2d at Ayala, Pa. at Court v. Common concurring opinion writer in Brown of this and the wealth, at 305 A.2d Pa. at *5 abrogation governmental immunity Ayala our and years away the trend in recent to do with immunities constitutionally are from suit which neither nor statuto- rily compelled,4 appropriate we deem this time to at question re-examine the whether Turn- pike Commission is immune from This involves suit. scrutiny governmental status in the framework Pennsylvania. part
Whether “Common- Commission is wealth” I, as that term is used Article Section of Pennsylvania, Constitution and cloaked with so depends upon sovereign enjoys, relationship the nature to oth- Commission and its er governmental making statewide this deter- bodies. legislative guided mination we by must be acts creat- ing pow- defining purposes Commission and and by judicial ers and of the in which the status decisions Commission atwas issue. statutory
A. The
basis
Commission was created
governed
general
May 21, 1937,
the Act of
P.L.
No.
1 et seq.,
seq.
652a et
§
P.S. §
[herein
652d,
after “the
Act,
Section
Act”].
36 P.S. §
constitutes
“instrumentality
powers
Commonwealth” and describes the exercise of its
governmental
as “an essential
function of the Common
wealth.”
Section
further
states
“may
sued, plead
sue
impleaded,
and be
contract
be
with,
and be contracted
and have an official seal.” Sec
652k,
tion 11 of
Act,
provides
36 P.S.
that “the
pay
commission
required
not be
any
shall
taxes or
as
any property
sessments on
acquired it for the
used
See,
Education,
Ayala
Philadelphia
addition to
Board
su
Pados,
pra;
(parental
Falco v.
to “make rules 652d; government”, Act, 4 of the 36 P.S. § § hire, operate and dis- lease, “acquire, use, own, to interests property and pose personal property, real of id.; property”, real agree- and into all contracts enter to “make and of performance necessary ments or incidental id.; powers”, of its duties and execution and traffic, architectural “employ engineering, attorneys, inspectors and and experts and construction necessary judg- in its may be employees other as such compensation”, id.; ment, fix their and lands, . . any condemnation . “acquire property other franchises and rights, easements, necessary or convenient for the construction or deemed operation Act, of turnpike”, efficient 6 of the § 652f; and P.S. § “provide . . . turnpike the issuance of bonds of the purpose revenue Commonwealth for the paying the cost turnpike”, of ... of 8 of § Act, amended, 36 P.S. 652h. § The Act relationship establishes a close between Department Commission and the Highways of Commonwealth.5 provides contracts Section 4 “that all agreements and relating turn- to the construction High- 5. Since Department of enactment of the Act of ways Transportation. Department has replaced by been § 6, 1970, See § P.S. Act of May P.L. No. High- (Supp.1974). Department of refers to the Because the Act ways, opinion. we shall do in this likewise pike connecting bridges ap- shall tunnels and be proved Department Highways, by and the turn- pike connecting bridges shall con- tunnels and be supervision Department structed under pur- Highways.” Department approve all also The must wholly constructed, “tunnels, partly chases of whether or rights way, franchises, interests and other easements Act, lands . . ..” 5 of the 36 P.S. 652e. § § provides completed turnpike Act when also “[t]he repaired opened to traffic shall maintained and be through the and under the control of the commission Department Highways the Commonwealth Ultimately, Act,
..” 12 of the 36 P.S. 652Z. § for, provided paid when all bonds have been *7 contemplated it is that the be Commission will dissolved Department, and its assets the the vested Turn- pike becoming part system of the Highways, State § Act, 15 of the 36 P.S. 652o. Act, providing
The the however, is that meticulous financially Commission and the Commonwealth shall be independent of re- one The is another. Commission quired any Department Highways the reimburse for expenditures engi- it the has made in connection with neering repairs. of the or and its maintenance Act, See 3 and 12 of the Sections 36 P.Si 652c §§ importantly, stipulates More the the 652Z. Act funded debt of the Commission is not to be a Common- obligation. 652b, wealth the Act, Section 36 P.S. § provides: turnpike pro-
“That revenue the bonds issued under visions this act shall not be deemed be a debt of pledge the or a of the faith and credit payable of the such be but bonds shall exclusively provided from the fund herein therefor from tolls. All a such bonds shall contain statement obligated on their face that Commonwealth is pay except from same or the interest thereon and credit of the tolls faith Common- pledged payment principal is not to the wealth turnpike or interest of such issuance of bonds. provisions of this shall revenue bonds under act obligate not, directly indirectly contingently, or levy pledge any or to form taxa- Commonwealth to any appropriation therefor, or to make tion whatever payment.” for their exonerating Act, 652f, 6 of the
See also Section 36 P.S. § any liability for from condemnation activities State of the Commission. legislature passage of the Act of has
Since nine extensions of the authorized system. legislature each of has iterated that these statutes governmental performs an func- essential may exempt ex- tion, taxation, from and that it pre- power ercise the of eminent domain. Each act also origi- powers duties of the serves nally provided by re- continues the close Act lationship Department between Commission and Highways, independence and maintains the financial of the Commission.6 legislature
To summarize: The created governmental “an instrumentali- entity, Commission as provided ty close Commonwealth.” While *8 Act, Pennsylvania Turnpike Philadelphia Act The Extension See 949, 16, 1940, seq., (1941) § May 1 36 P.S. Extra Session P.L. et Act, Turnpike seq.; Pennsylvania § Extension et The Western 653 11, 1941, 101, seq., seq.; § § et 1 et 36 P.S. 654 Act of June P.L. Act, Pennsylvania Turnpike Gettysburg Act of Jan- The Extension 14, 1947, seq.; seq., § § uary 1 36 P.S. 667.1 et P.L. et Act, River Extension Act The Delaware 23, 1951, 335, seq., seq.; § The May Pennsylvania § 1 et 658.1 et P.L. P.S. 27, Act, September Extension Act of Northeastern Pennsyl- 1951, 1430, seq.; seq., § § The 36 P.S. 660.1 et P.L. et 1953, 28, Act, July Turnpike Act of vania Northwestern Extension 706, seq.; Pennsylvania seq., § § The P.L. 1 et 36 P.S. 668.1 et 157, Act, Turnpike Keystone Shortway P.L. Act of June Turnpike seq.; seq., § § 1 et 666.1 et The P.S. § Act, 1 et P.L. Act of June Southwestern Extension seq., seq. 36 P.S. 669.1 et and the Common- the Commission between connection Highways, Department of particularly the wealth, and between clear distinction made a legislature has also particularly and the the Commission statutory scheme The regard financial matters. provide the construction designed for obviously was explicitly Turnpike, without but maintenance liability any or assumption by the Commonwealth assimi- Eventual responsibility in connection therewith. system is Turnpike highway into State lation of obligations of envisaged, time as not until but such pay- paid, fully or their shall have been the Commission arrangement. through provided for a trust ment expressly applicable not address The statutes do integral part is an question of whether the Commission they a Commonwealth; furnish or the nor do otherwise must, look question. therefore, answer to this We clear guidance judicial in cases further decisions involved. has been status Commission Decisions relative to the Commission B. Court the creation of the Since variety its na of conclusions as to
courts have reached Apparently first case in which the status ture. Hunkin-Conkey was an issue was F. Pennsylvania Turnpike Commission, 34 Constr. Co. Supp. (M.D.Pa.1940). question there wheth was against er a suit federal court by Eleventh Amendment to the Constitution barred Holding the suit was the United States.7 barred, the court stated: has been
“The through pledging power given to create a fund power of provides Judicial that “[t]he 7. The Eleventh Amendment any suit to extend not be construed the United States shall Unit- equity, prosecuted against one of the or commenced or law Subjects State, or Citizens Citizens of another ed States any Foreign State.” *9 any expenses defray of own credit all its might expressly incur, State has denied undertaking. responsibility financial in the Fur- own given thermore, power Commission has been subject supervision through only agents, act own addition, the Penn- in a few matters. In State Commission, agency Highway sylvania State State, time of the defend- existed at the of the creation carry du- Commission, qualified to out the ant and was fact that the defendant Commission. The ties of designated support con- not to do so lends was Pennsylvania de- tention Commonwealth entity apart from itself to create an distinct sired constructing turnpike. purpose for the “Taking all the attributes into consideration Commission, my opinion has it is this suit against entity legal from distinct been instituted Pennsylvania . .” . . Commonwealth nature of the Commis Similar views as to the distinct expressed early pleas court common de sion were in two Turnpike In Brenner Commis cisions. (C. 1942), the sion, 45 D. & 124 P. Cumberland Co. C. was for interest court held liable ground proceedings on the in eminent domain and costs part integral not an that “the Commission is rely and, on the cannot therefore, is not for interest unless such rule that State liable specifically imposed at liability Id. 129.8 statute.” Bros., Commission Baldwin (C. Allegheny 1942), the issue was D. C. P. Co. & pay given to to secure a bond whether by the subcon ment furnished for materials and labor project subject in a construction tractors 22, 1931,. P.L. provisions the Act June to the applicable held that the Act of 1931 was court in Brenner was followed Ellis v. 8. The decision Co.Rep. 5 Chester *10 only applies “under its Act of because terms the required by are and are bonds which the Commonwealth given re to the The in suit was bond Commonwealth. given Turnpike quired by and not to the Commission Finding to the Commonwealth.” Judge agent, was neither the nor Commonwealth (now Judge) Ellenbogen the characterized President Commission as follows: already the clear
“It is from what we have said corporation, is a Commission apart separate of Penn- from the Commonwealth sylvania. corporation, course, every Of domestic powers is sub- derives from the Commonwealth and ject supervision Penn- to the of the Commonwealth of relationship is sylvania, to the but its agent. issue not that of an The Commonwealth cannot regard Turnpike (except to the orders Commission creating specifically prescribed to matters in the act obligate commission), the and the commission cannot the chief element of the relation- Commonwealth. ship principal financially re- the is agency is that agent sponsible agent for the acts of his whenever authority. scope acts the Com- within Since his be monwealth is not under the statute cannot financially obligations for the and actions made liable relationship prin- Commission, agent cipal and not exist between them. does ‘in- “The is Commission strumentality charged Commonwealth’, with ‘construction, operation, turn- and maintenance of pike’ an essen- which ‘shall deemed and held be be Commonwealth’; governmental tial function people for Com- was created the benefit of improvement com- monwealth and of their prosperity: May 21, 1937. merce and Act of sec. ‘instrumentality’ act in that But the term as used ‘agency’ synonymous term as used Act of 1931. The Commission was created independent through as an Com- commission functions, governmental monwealth exercises certain department agency not as a of the Common- but wealth.” taken
A the Commission was different view of Judge Turn Sheely President in House v. pike Dauphin (C. Co. D. P. & C. 1942), which, the first case aware, as far are as we was em brought against for the of its torts ployees. Holding not liable *11 agents the negligence employees for under the of its respondeat that the found doctrine of court superior, the Turnpike agency an Com Commission is of “[t]he no special purpose with for a monwealth limited and Turn the from the funds under control but revenues pike specifically payment of pledged are the which for pay Turnpike the of construc the bonds to costs issued nothing There in the statute which authorizes tion. any pay portion the the of of such for diversion funds damages negligence agents or em ment of due to ployees.” 45 D. C.& at 682.9 the sta-
In the earliest of this Court in which decisions to have tus of the was involved it seems been Common- assumed in Thus wealth were be the same treatment. accorded 643, Case, Pa. 347 Condemnation Commission, as (1943), that the it was held obligated agency, compensate a was So- State not District, agency, County merset Institution another State Commonwealth, land, in which for titled the name of the Pennsylvania Super House was followed in v. The decision Commission, Turnpike 1959); Dauphin (C. Co. 372 19 D. & C.2d P. Lines, Freight (C. P. DiRenzo v. Transamerican 10 723 D. & C.2d Porter, (C. P. v. 1957); Harrell Caputo 19 385 Allegheny Co. D. & C.2d Turnpike Commis Pennsylvania 1958); Allegheny v. Co. sion, Malpica Allegheny 1955); (C. Pitts.L.J. P. 103 486 Co. Commission, Dauph.Co. 65 302
487 con- public purposes but which was the District for used is, Commission; condemnation demned ownership ques- the land change not did the basic Again, tion. as- (1944), it was
Smith, 355, 363, 39 A.2d Pa. that, like sumed without discussion upon arbi- interest Commission was liable for against it.10 tration been rendered award which had supra, pleas, 9, note Unlike see courts common exception,11 de- have courts, the federal one district on generally nied status entity ground a distinct Commission was separate apart from the Commonwealth.12 were two 1959 this cases Court decided significant judicial become later determinations these, status of the In the first Commission. Freight Commonwealth, 396 Transamerican Lines v. 64, denied, (1959), 151 A.2d cert. U.S. Turn that the S.Ct. L.Ed.2d 118 was held pike computa highway purposes State highways upon tion tax levied excise use of June virtue Act seq.13 *12 amended, P.L. et sec- 72 2183 P.S. § Appeal, Pa. Pennsylvania 10. Turnpike See also Commission 351 139, juris- (1945), 40 A.2d 404 this Court held which Mining the coal diction be left in the State Commission determine lands, easements, way place support rights of all acquired by acquired by the to land the Commonwealth extended however, indicated, Turnpike The also Commission. Court jurisdiction Highway (predecessor Mining the to of the Commission Highway had Mining Commission) the State State routes over Turnpike. not extended to the Commission, F.Supp. 510 Pennsylvania Turnpike 11. Masse v. 163 (E.D.Pa.1958). F.Supp. Linger Turnpike Pennsylvania 12. 158 See v. F. Express Espenshade, 138 (W.D.Pa.1958); 900 Eastern v. Motor Supp. (E.D.Pa.1956); Pennsylvania Turnpike Com- 426 v. Lowes mission, Darby Felice F.Supp. (M.D.Pa.1954); L. G. De 125 681 Son, Inc., F.Supp. (E.D.Pa.1950). & 94 535 alia, relied, upon deci- holding its earlier In so the Court inter Case, 347 Pa. Pennsylvania Turnpike sions Condemnation 488 Turnpike Pennsylvania case,
ond Lichtenstein v. Com (1959), was mission, 415, Court Pa. A.2d 461 Turnpike presented Com question with the whether against it in upon awards mission liable for interest above, at least proceedings. domain As noted eminent previously pleas held two common courts had obligated,14 Turn was so but Commission pike Smith, 355, 39 A.2d Commission v. (1944), pertaining on arbitration interest supra, awards, result. Court to call for a different seemed Holding that the Commission declined to Smith. follow against emi was liable for interest on an award through speaking nent domain proceeding, Court Jones, Alvin said: Justice Charles Chief against “Nothing clearer than that claims could be chargeable to the are Commission quoted from Yet, the statement Commonwealth. above implies plainly that the Smith case liabilities interest because Commission do not bear ego is, effect, the alter of the Com- Commission for interest. This conclu- monwealth not liable which is May the Act of the fact that sion was reasoned from seq., et 21, 1937, 652a P.L. 36 P.S. No. Turnpike Commission, constituted created the Commonwealth,’ performing instrumentality ‘an governmental ‘an essential function of Common- every legislatively But, equally ordained wealth.’ so political municipal corporation, sub- school district especially ex- division. School afford notable districts amples en- of instrumentalities of the Commonwealth governmental gaged performance in the of an essential function, responsibility discharge whereof (1943); 32 A.2d Smith, 350 Pa. and the Appeal, 40 A.2d *13 Pennsylvania 14. See Ellis v. 5 Chest.Co. Pennsylvania Turnpike Commis Brenner v. Rep. and sion, (C.P. 1942). D. & C. Cumberland Co. by the primarily Consti- is laid on the Commonwealth Assembly tution, shall declares that the General thorough provide support of a the and for maintenance system. X, public Section and efficient Art. school that, justifiably contend Certainly, P.S. no can one amended, governmental in- under the Act of as districts, municipalities strumentalities, such school as for inter- political liable are not other subdivisions damages property for for est on awards of viewers domain; power no the of taken under eminent of as apparent the Act why meritorious reason is Pennsylvania applicable amended, not the is also Although case was the Commission. Smith with, on not the Act concerned of effect of viewers, so it herewith overruled awards far of holding equates respect liability interest on against (Emphasis Supplied) it.”
claims
year
Within
of the Lichtenstein decision
United
Appeals
con-
States
for the
Circuit was
Court
Third
question
of the Turn-
fronted for the first
time with
pike
immunity from
See
Commission’s
suit
torts.
(3rd
1960). Relying
Emrick,
Gerr v.
“It seems clear . . Court . in Lichtenstein did subscribe concept Pleas Common Courts is the al- Pennsylvania, ego ter the Commonwealth ‘instrumentality status as Commonwealth’ government of ‘an essential function’ endow with engaged performance fact that in the and the sovereign Id. at 296. of the Commonwealth.” *14 490 interpreted Superior similarly Court Lichtenstein in County,
Pennsylvania Turnpike Commission Fulton (1961).15 Pa.Super. 517, 171 A.2d 195 882 against background years that this two later It was Pennsylvania Turnpike Rader v. Com this decided Court (1962). In Rader the mission, 407 Pa. immunity chal from suit was Commission’s claim lenged grounds: the did not on two that Commission general immunity from the liabil share Commonwealth’s highways, ity negligent the maintenance its any immunity other that which the Commission would provision enabling enjoy in by wise was waived the “may providing the sue and be act Both con Act of 652d. 4 of the 36 P.S. § sued.” § by rejected the the As to status tentions were Court. by impressed the lan Court was guage the Commis in the Act constitutes instrumentality sion of the Commonwealth as gov powers designates the of its as an essential exercise immunity felt It also that was indi ernmental function. judicial give prior decision, Lich by and refused cated Ap the broad reach accorded Court tenstein peals. Accordingly, (Mr. Justice Court concluded dissenting) “that Musmanno liability possesses from same arising trespass negligence out of actions
agents
employees
highway
in the
maintenance of
at
at
182 A.2d
Commonwealth.” 407
does
Baird,
In
Thomas
A.2d
arising
allegedly
tort
from the
another
case
vehicle,
negligent operation
this
of a Commission motor
County,
issue
certain lands
In Fulton
was whether
owned
Turnpike purposes
but not
were sub-
used for
ject
property
ques-
Holding
local real
taxes.
that the
estate
tax,
support
subject
cited Lichtenstein
tion was
court
proposition
instrumentali-
the Commission’s status as an
n ty
it to
immunities
does not entitle
all the
of the Commonwealth
521-22,
Pa.Super.
enjoyed by
at
itself.
It is
that
equates
with the
Rader which
Common-
only
also
unnecessary
wealth
not
to the decision but
was
unconvincing.
unnecessary
govern-
It
because
is
was
that time
mental nature of the
at
suffi-
Commission was
immunity
It
cient to establish
from suit.16
is uncon-
its
202-03,
Rader,
615,
supra,
16. In
Pa.
at
the Court
at
A.2d
407
182
alterna-
that it
a choice between two
indicated
tives with
ther the Commission was
case it
was faced with
ei-
respect
to
Commission:
the status
Commonwealth,
part
which
in
of the
negligence
upon
be
would
immune from suits based
agent” of
maintaining
the Commonwealth
“quasi-corporate
Turnpike,
or it
awas
city,
county,
occupying
a
a
like that of
status
subject
borough,
township,
to such
be
in which case would
Township,
including
a
Snowden
suits under
line
cases
Smith v.
187,
County,
Allegheny
260
(1943);
348 Pa.
Pa.
253
the rule
ernmental
A.2d
v.
34
515
Clark
199,
Township,
(1918),
Kriebel Worcester
side-step
holding in
the rationale of its
Lichtenstein
158 A.
by pointing
supra.
to the fact
2d 461
It did so
months
was decided we
several
after Lichtenstein
*16
itself,
that the
no
than the Com
held
Commonwealth
less
payment
upon emi
mission,
liable for the
of interest
was
Commonwealth,
nent
domain awards.
v. Wolf
and
(1960). While the
from suit then opinion same as Having the deci- all that case examined was unsound. question wheth- squarely sions which have considered part of the Common- er the Commission was wealth, majority them, and we are satisfied that considered, taken view those that are best have separate apart and from the the Commission is Common- differently.18 may We wealth and therefore be treated accept reasoning of those cases. is, course,
There no doubt that the Commonwealth Turnpike in the itself could same have constructed high- operates manner its State it constructs and ways. so, immunity from suit Had done State’s arising encompass would in connection with the actions Turnpike. not build But Commonwealth itself did legislature highway this not maintain does it. chose, accomplishment delegate of this su- instead, to perhighway project separate entity, governmental to a many respects independent nature but of the Common- body legislature separate wealth. The created this any responsibility at the same time disclaimed on part it, the which liabilities might It is clear that the Commis- incur. integral part sion is not an of the Commonwealth, sovereignty cannot inhere share attributes *17 in is not im- It that the follows state. therefore, is, holding in 18. There no reconsider the need us to 652d, 1937, § provision Rader that the 4 of the Act of 36 P.S. “may a sue and be is not waiver sued” immunity from suit. and for the acts of its servants from suit tort mune agen- employment acting their agents in the course of prior cy. of this Court the extent that are To decisions holding, they overruled. this are inconsistent with joint complaint assert we construe the Since defendants, liability the two Common and several of action asserted the causes wealth and Accordingly, affirm the order are we severable. respect of Penn court below sylvania procedendo, to the it, with a and reverse Pennsylvania Turnpike Commission. O’BRIEN, JJ.,
JONES, would J., and and C. EAGEN en- affirm the order of Commonwealth Court tirety. opin- concurring dissenting
ROBERTS, J., filed a and NIX, J., joins. ion which dissenting J., concurring
MANDERINO, filed opinion. (concurring dissenting).
ROBERTS, Justice agree I the torts of its employees,
not immune from suit for
re
in the
of the order with
therefore I concur
reversal
However,
spect
remain
to the Commission.
I
sovereign
many occasions,*
im-
view, expressed on
*
Indus.,
Pennsylvania Dep’t
460 Pa.
g.
Labor &
E. Williams v.
Roberts,
581, 582,
(1975) (dissenting opinion of
MANDERINO, Justice reversing join majority’s opinion I and order dissent to the I Commission. affirming respect majority’s to the from the order my reasons Commonwealth of stated dissenting opinion in Brown
566,
COMMONWEALTH COLLINS,
Byron Appellant. D. Supreme Pennsylvania. Court of
Argued Jan. July 7, 1975.
Decided