The Loyalhanna Flood Control Dam is located 11 miles from the Craig's Mill Bridge, and is operated for the United States by the Army Corps of Engineers. The bridge and its approaches are owned and maintained by Westmoreland County, but Derry Township also provides maintenance. The prayer for removal was granted accordingly.įrom the record, it appears that on or about March 11, 1967, the plaintiff and her husband were traveling in an eastwardly direction on Route 881 in Derry Township, Westmoreland County that as they completed traversing the Craig's Mill Bridge over the Loyalhanna Creek, their automobile encountered rushing water that this water forced their automobile from the highway into a roadside gully which was completely flooded that the plaintiff managed to escape from the submerged vehicle but her husband drowned. The defendant Derry Township then filed a third-party complaint against the United States, Roy Tressler and Joseph Rellick who petitioned the Court to remove the case pursuant to 28 U.S.C. This suit was originally commenced in the Court of Common Pleas of Westmoreland County, Pennsylvania, at No. Presently before me for consideration is the motion of the third-party defendants, Roy Tressler, Joseph Rellick and the United States of America, to dismiss or in the alternative for judgment on the pleadings. Pershing, Jr., Greensburg, Pa., Paul Mahady, Latrobe, Pa., for defendants. Tressler and Rellick, Pittsburgh, Pa., Kunkel, Walthour & Garland, Avra N.
Nakles, Latrobe, Pa., Paul Moses, Pittsburgh, Pa., for plaintiff. Roy TRESSLER and United States of America et al., Third-Party Defendants.
Ponderendolph, Jr., Deceased, Plaintiff,ĭERRY TOWNSHIP, Defendant and Third-Party Plaintiff,
PONDERENDOLPH, Administratrix of the Estate of Joseph M.
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