Okkerse v. Howe

I concur in the portion of the majority opinion which holds that appellant cannot base a cause of action on the failure to erect a stop sign, as appellee is prohibited from placing such a sign on Avon Road by statute. See, 75 Pa.C.S.A. § 6125(a). I cannot agree with the portion of the majority opinion which affirms the summary judgment holding that *618appellee had no duty to control the vegetation on another’s property. Accordingly, I must dissent.

The majority correctly states the law as to the duty of a property owner to maintain a private roadway. In the absence of an agreement to the…