Commonwealth v. Ford

Carr, J.,

This is an action of assumpsit brought by the Commonwealth of Pennsylvania, Department of Highways, to recover the cost of restoring and replacing a section of a highway under its jurisdiction alleged to have been damaged by the movement thereon of a steam shovel weighing 120,000 pounds, without a permit, contrary to the provisions of The Vehicle Code of May 1, 1929, P. L. 905, art. IX, sec. 905, as last amended by the Act of June 5, 1937, P. L. 1718, sec. 1, 75 PS §455. Upon the filing of an affidavit of defense containing general denials, plaintiff took a rule for judgment for want…