
    390 A.2d 1263
    Paul T. GRIESER, a minor, in his own right by his parents and natural guardians, Paul Grieser and Anne Grieser, and Paul Grieser and Anne Grieser, in their own right, Appellants, v. COMMONWEALTH of Pennsylvania, Pennsylvania Department of Transportation, and the Borough of Plum.
    Supreme Court of Pennsylvania.
    Submitted Sept. 21, 1978.
    Decided Sept. 26, 1978.
    Thomas L. Cooper, Pittsburgh, for appellants.
    Jerome W. Kiger, Grogan, Graff am, McGinley & Solomon, Pittsburgh, for Borough of Plum.
    Kenneth Lee Sable, Dept, of Transportation, Harrisburg, for appellee.
    Before EAGEN, C. J., and O’BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.
   OPINION

PER CURIAM:

The order of the Commonwealth Court is vacated and the case is remanded to that court for consideration in light of Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978).

EAGEN, C. J., and O’BRIEN, and POMEROY, JJ., dissent.  