# BROWN v. Commonwealth

> Supreme Court of Pennsylvania · May 23, 1973 · 453 Pa. 566

URL: https://www.frixlaw.com/law-library/cases/9764200

## Case

- **Full name:** Brown, Et Al., Appellants, v. Commonwealth
- **Court:** Supreme Court of Pennsylvania
- **Decided:** May 23, 1973
- **Citations:** 453 Pa. 566; 305 A.2d 868; 1973 Pa. LEXIS 707
- **Precedential status:** Published
- **Opinion:** Dissent by Nix
- **Judges:** Robeets, Mandebino, Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Egberts
- **Cited by:** 76 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/9764200

## Opinion text

Dissenting Opinion by
Mr. Justice Nix:
I am still of the opinion expressed in my dissent in Biello v. Pennsylvania Liquor Control Board, 454 Pa. 179 , 301 A. 2d 849 (1973).
The result reached by the majority in this case is particularly inexplicable in view of the statutory requirement that the State carry insurance coverage, 1 and the fact that the State maintained insurance covering this claim.
Mr. Justice Egberts and Mr. Justice Manderino join in this dissenting opinion.
“The Department of Property and Supplies shall have the power, and its duty shall be:
(b) To procure automobile liability insurance, covering vehicles owned by the Commonwealth. . . .
“All automobile liability insurance procured by the Department of Property and Supplies hereunder shall protect both the Commonwealth and the State officer or employe operating the vehicle, or State officers and employes and officers and enlisted men of the Pennsylvania National Guard . . . against claims for damages for injury to person or property. . . .” Administrative Code of 1929, Act of April 9, 1929, P. L. 177, §2404, as amended, 71 P.S. 634.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764200. Public record. Not legal advice.