Opinion
Argued: January 16, 1975.
Decided: March 18, 1975.
Appeal No. 362 January Term, 1974, from the Order of the Commonwealth Court of Pennsylvania at No. 12 T.D. 1973; Genevieve Blatt, Judge.
Joseph R. Livesey, Kates, Livesey Edelstein, Philadelphia, for appellants.
Glenn Gilman, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Israel Packel, Atty. Gen., Philadelphia, for appellees.
Before JONES, C. J., and EAGEN, O'BRIEN, ROBERTS, POMEROY and NIX, JJ.
OPINION OF THE COURT
Order affirmed. See Brown v. Commonwealth, 453 Pa. 566, 305 A.2d 868 (1973).
MANDERINO, J., took no part in the consideration or decision of this case.
ROBERTS, J., filed a dissenting opinion in which NIX, J., joins.
The Court today continues to permit a judicially created anachronism to deprive litigants of their day in court. I remain of the view that the doctrine of sovereign immunity ought, in its entirety, to be consigned to the judicial scrapheap. See McCoy v. Commonwealth, 457 Pa. 513, 514-16, 325 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix Manderino, JJ.); Sweigard v. Pennsylvania Dep't. of Transp., 454 Pa. 32, 35-38, 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79, 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix Manderino, JJ.); Biello v. Pennsylvania Liquor Control Bd., 454 Pa. 179, 187-92, 301 A.2d 849, 853-56 (1973) (dissenting opinion of Nix, J., joined by Roberts, J.).
NIX, J., joins in this dissent.