dissenting.
I dissent. In Drew v. Laber, 477 Pa. 297, 383 A.2d 941 (1978) this Court expressly recognized that Pennsylvania law requires that a municipality construct and maintain its highways in such a manner as to protect travelers from dangers by which the exercise of normal foresight, careful construction and reasonable inspection can be anticipated and avoided.
Appellant Bensalem Township had a clear duty to carefully and safely design and construct its roads. I disagree with the majority’s conclusion that the township was excused from its negligence in designing a road merely because that road wa,s adopted into the state highway system at some later point in time. Appellant is no less negligent in designing its roads because the road was fortuitously adopted as a state highway; therefore, the township should remain liable for damages resulting from the negligent design of its roads.
Further, § 502 of the State Highway Law, Act of June 1, 1945, P.L. 1242, 36 P.S. 670-502 does not require that a township be excused from liability for negligent design once a township road has been adopted into the state highway system. The imposition of liability on the township for negligence in designing its roads is not unduly burdensome. The township is the party with the ability to prevent negligence in the design and construction of its roads, and the imposition of liability for such negligence would encourage the township to promote safe road design.
Accordingly, I would hold that the appellee may maintain suit against appellant Bensalem Township on the issue of alleged faulty design of the road.