Slough v. City of Philadelphia

CAESAR, J,

*237I. INTRODUCTION

This case presents the next chapter in issues raised in Hubbard v. PennDOT and City of Philadelphia, 660 A.2d 201 (Pa. Commw. 1995).

In Hubbard, the Commonwealth Court decided that a concrete structure or island in the middle of Spring Garden Street between 18th and 19th Streets in Philadelphia was not a “curb” and was part of the highway. That City street was taken over by the Commonwealth of Pennsylvania pursuant to various statutes. In the Hubbard opinion, the court declined to consider the issue of whether the Commonwealth was relieved of responsibility because the…