Elia v. Olszewski (1951)
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· 77 citation events
across 13 courts.
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C. Yedlosky & C. Taylor v. PSCOA (2025)
Pennsylvania Rule of Appellate Procedure 302(a), Pa.R.A.P. 302(a) (issues raised for the first time on appeal are waived); Elia v. Olszewski, 84 A.2d 188, 191 (Pa. 1951) (“[W]e will not ordinarily reverse [for nominal damages] alone where no request was made for the same at the trial and no establishment of a property right is involved.”).7 CONCLUSION The Officers have failed to establish a genuine issue of material fact regarding a breach of contractual duty or damages, and…
“[W]e will not ordinarily reverse [for nominal damages] alone where no request was made for the same at the trial and no establishment of a property right is involved.”
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WENK v. STATE FARM FIRE AND CASUALTY COMPANY (2023)
Tr., 107 F. App’x 287, 289 (3d Cir. 2004) (citing Bastian v. Marienville Glass Co., 126 A. 798, 800 (Pa. 1924); Elia v. Olszewski, 84 A.2d 188, 191 (Pa. 1951)).
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Carter v. May Department Store Co. (2004)
Elia v. Olszewski, 368 Pa. 578, 581 , 84 A.2d 188, 191 (1951)(stating that the Court would not ordinarily reverse for a new trial where the breach of contract was admitted and the plaintiff was at least entitled to nominal damages); Bastian v. Marienville Glass Co., 281 Pa. 313 , 319 126 A. 798, 800 (1924)(explaining that a new trial is not to be granted where the only issue is recovery of nominal damages).
stating that the Court would not ordinarily reverse for a new trial where the breach of contract was admitted and the plaintiff was at least entitled to nominal damages
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Thorsen v. Iron and Glass Bank (1984)
However, “we will not ... reverse on this ground alone where no request was made for [nominal damages] ... and no establishment of a property right is involved.” Nemitz v. Bell Telephone Co., supra, 225 Pa.Superior Ct. at 207, 310 A.2d at 379 , quoting Elia v. Olszewski, 368 Pa. 578, 582 , 84 A.2d 188, 191 (1951).
P. No. 1029(c) only when the pleader states either “(1) that after reasonable investigation he is without knowledge or information sufficient to form a belief as to the truth of the averment, or (2) that he is without such knowledge or information because the means of proof are within the exclusive control of an adverse party or hostile person.” Where it is obvious that the means of information are not within the exclusive control of the adverse party, an averment that he ha…
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Cohen v. Resolution Trust (2004)
See Elia v. Olszewski, 368 Pa. 578 , 84 A.2d 188, 191 (1951) (holding that the plaintiff was entitled to a verdict and nominal damages because the defendant admitted that it breached the parties’ contract, but noting that the court does “not ordinarily reverse on this ground alone where no request was made for [nominal damages] at the trial and no establishment of a property right is involved”).
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Makowka, K. v. Fox & Roach LP (2021)
See, Elia v. Olszewski, 84 A.2d 188, 191 (Pa. 1951) (holding that the plaintiff was entitled to a verdict and nominal damages because the defendant admitted that it breached the parties’ contract, but noting that the court does “not ordinarily reverse on this ground alone where no request was made for [nominal '2 The Court discusses the unreported Third Circuit decision in Cohen for its persuasive value.
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Wattamwar, P. v. Fox & Roach LP (2021)
See, Elia v. Olszewski, 84 A.2d 188, 191 (Pa. 1951) (holding that the plaintiff was entitled to a verdict and nominal damages because the defendant admitted that it breached the parties’ contract, but noting that the court does “not ordinarily reverse on this ground alone where no request was made for [nominal .