Commonwealth v. Montour Transport Co.

Opinion by

Mr. Justice Jones,

The Commonwealth sued to recover for damages done one of its highways (U. S. Route 15 in Lycoming County) by the burning thereon of a tractor-trailer and its cargo of gasoline. The tractor-trailer was the property of the defendant company and, at the time the fire occurred, was being operated by an employe of the defendant on the latter’s business. The conflagration completely destroyed the automotive equipment.

In its complaint, the plaintiff averred the happening and character of the accident; that, at all times material to the action, the maintenance and…