*1 Moskovitz, for Pa. of Harrisburg, Dept, Transp. J. Stuart Gen., Harrisburg, appellees. Paul Asst. Logan, Atty. O’BRIEN, ROBERTS, NIX, KAUFFMAN, LARSEN, FLAHERTY and OF COURT ORDER Term, 1979. No. 112 March PER CURIAM. March, 1980, we order this case of now,

And this 20th of purpose for the Court remanded to the Commonwealth a or public is question the road whether determining road, to be a public is determined road. If the road private the whether is then to determine the Commonwealth shall be The determination road. is a state or local road permitting testimony necessary made by taking East Lack- of Transportation Department in the proceedings. Township participate awannock It is so Ordered.

412 A.2d Gary EISEL v. COMPANY, INC. MACHINE S. SLICING Appellants, Incorporated, COMPANY, corporation. PACKING EAST CARSON Supreme Court Argued Dec. Decided March *2 Winters, for Pittsburgh, Jr., William R. & Tighe, Stein appellants. for East Carson Klaber, appellee,

Elmer Pittsburgh, G. Co. Packing Eisel. Fossee, Gary Pittsburgh, appellee,

C. S. NIX, O’BRIEN, ROBERTS, and FLAHERTY, LARSEN THE COURT

OPINION OF FLAHERTY, Justice. in trespass against Eisel filed a S. complaint

Gary Inc., Berkel, Inc. alleging Company, Machine Slicing scope that while in the course and of his with employment sustained seri East he Packing Company (employer) Carson fell a meat against ous when he personal slipped injuries them to by slicer the defendants and sold by manufactured Berkel, complaint join his Inc. filed a employer. filed employer as defendant and additional employer 303(b) of the that Section objections asserting preliminary Act, Act of Decem Compensation Workmen’s 263, 6, 481(b) 782, (Supp. 77 5, 1974, ber P.L. No. P.S. § § Berkel, to the reply Inc. filed 1979) joinder. barred such 303(b) is un claiming that Section preliminary objections, Allegheny Pleas of constitutional. The Court Common objections, preliminary sustained County employer’s as a Superior (sitting The Inc. appealed. A.2d of three 407 panel judges) affirmed, - Pa.Super. -, 36 in v. Jones (1979), on its decision Tsarnas & relying 417, Steel 262 396 A.2d 1241 Laughlin Pa.Super. Corp., (1978). We and now affirm for the rea granted allocatur Tsarnas, supra, sons set forth in our filed this in opinion (1980). 1094 513, 412 A.2d Pa. Order affirmed.

LARSEN, J., filed a concurring opinion.

NIX, J., concurred in the result.

LARSEN, Justice, concurring.

I concur in the result for the reasons expressed in my v. Jones concurring opinion Laughlin Tsarnas & Steel Corporation, 488 Pa. (1980). A.2d 1094

412 A.2d 464 PULLI, Virginia Appellant, BANK, Will NATIONAL Executor under the of the WARREN deceased, Henry, Appellee. of Franklin R. Estate *3 Supreme Court of

Argued March Decided June