dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.
How later courts described this case
- dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.
- dissenting opinion of Roberts, J., joined by Nix and Manderino, JJ.
- immunity of Commonwealth departments is “sovereign immunity.”
- “The majority again allows a judicially-created anachronism to deprive a litigant of his day in court.”
Written by the judges who cited it.
Later courts went against this
Overruled by Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 (1978)
454 Pa. 32, 309 A.2d 374 (1973), overruled by Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), and that under- this provision the Commonwealth had absolute sovereign immunity from suit.
The opinion
Dissenting Opinion by
Mb. Justice Nix:
I am still of the opinion expressed in my dissenting opinions in Biello v. Liquor Control Board, 454 Pa. 179, 187 , 301 A. 2d 849, 853 (1973) (joined by Roberts, J.) and Brown v. Commonwealth, 453 Pa. 566, 579 , 305 A. 2d 868, 871 (1973) (joined by Roberts and Manderino, JJ.).