Ewalt v. Pennsylvania Turnpike Commission

Opinion by

Mr. Justice Jones,

The plaintiffs, husband and wife, filed their bill in equity in the Court of Common Pleas of Dauphin County against the Pennsylvania Turnpike Commission in an effort to compel the defendant tcv restore the complainants’ property to its condition prior to the defendant’s construction of the western extension of the turnpike. The defendant filed a preliminary objection in the nature of a demurrer under Pa. R.C.P. 1017 (b)4 to the effect that .the Pennsylvania Turnpike Commission, being an instrumentality of the Commonwealth of Pennsylvania, was immune from suit for…