# Keitt v. Ross

> Supreme Court of Pennsylvania · March 17, 1976 · 466 Pa. 576

URL: https://www.frixlaw.com/law-library/cases/9700148

## Case

- **Full name:** Thomas KEITT Et Al. v. William ROSS Et Al. v. the Honorable Milton SHAPP, Governor of the Commonwealth of Pennsylvania, Et Al., Appellants
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 17, 1976
- **Citations:** 466 Pa. 576; 353 A.2d 841; 1976 Pa. LEXIS 532
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9700148

## Opinion text

ROBERTS, Justice
(dissenting).
Although I agree that this Court should hear this appeal, I cannot join the majority’s decision affirming the order of the Commonwealth Court. The effect of that order is to vest the Court of Common Pleas of Philadelphia with jurisdiction to hear a suit against the Commonwealth. This is contrary to section 401 of the Appellate Court Jurisdiction Act which provides that:
“(a) The Commonwealth Court shall have original jurisdiction of:
(1) All civil actions or proceedings against the Commonwealth . . . .”
Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. IV, § 401(a), 17 P.S. § 211.401(a) (Supp.1975). Part (b) of this section makes this jurisdiction exclusive. Because this language allows no exception, the case should, in its entirety, be heard by the Commonwealth Court.
Therefore, I dissent.
NIX and MANDERINO, JJ., join in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9700148. Public record. Not legal advice.