Snyder v. Harmon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that permitting a strip mine within the Department of Transportation’s right-of-way, without warning the public, providing lighting or erecting a guardrail, did not create a dangerous condition within the meaning of the real property exception to sovereign immunity
• noting that applicability of the exception requires that the dangerous condition must derive, originate from or have as its source the real property
• instructing that any duty analysis is limited to the scope of the exception to immunity
• explaining that the “unambiguous language” of section 8522(b)(4) indicates that the dangerous condition must be an “artificial condition or a defect of the land itself” and “must derive, originate from or have as its source the Commonwealth realty”
• observing that the language of Section 8522(b)(4) is unambiguous
• an unlit right-of-way along the shoulder of a road, which concealed a nearby strip-mine, is not an artificial condition or a defect of the land itself

Source: CourtListener parenthetical corpus (CC0).