Legal Opinion

Prep v. Pennsylvania Turnpike Commission

Pennsylvania Court of Common Pleas, Dauphin County

Decided November 19, 1962No. 853Published

1Opinion of the Court

Miller, J.,

In this assumpsit action there is before us a motion for protective order under Pennsylvania Rule of Civil Procedure 4012, whereby a witness seeks to resist the giving of an oral deposition which defendant asks under Rule 4007. By way of background, it appears from his complaint that plaintiff, Victor Prep, trading as Prep Contracting Company (Prep), claims that the sum of $51,567.58 is ■ due for delivery of cinders and loss of profits on cinders which defendant, Pennsylvania Turnpike Commission (Turnpike), refused to accept under a contract between the parties. In its answer,…

2Cases cited14 opinions

  1. Hale v. HenkelSupreme Court of the United States · 1906
  2. Rogers v. United StatesSupreme Court of the United States · 1951
  3. Brown v. WalkerSupreme Court of the United States · 1896
  4. Robertson v. BaldwinSupreme Court of the United States · 1897
  5. Commonwealth v. KilgallenSupreme Court of Pennsylvania · 1954

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