Mistecka v. Commonwealth

Opinion by

Judge Craig,

Consolidated here for argument and disposition are two trespass cases arising out of similar incidents occurring at the same place on the same date.

In the first case, Jeri and Anthony Mistecka, wife and husband, filed their complaint in trespass against the Commonwealth, to recover, according to their allegations, for injuries suffered September 7, 1975 by the wife plaintiff while traveling in a motor vehicle on State Route 1 under the Bancroft Road Bridge, in *270New Garden Township,. Chester County, as a result of a large rock being thrown by unknown assailants from the…