elemental rule in Pennsylvania

16 Pennsylvania opinions name it 5 courts 1932–2023 3 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Commonwealth v. Boldengreen pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023 1 sentence 2023For example, in Commonwealth v. Bolden, 532 A.2d 1172, 1175 (Pa. 1987), an elemental equivalence analysis was applied for purposes of calculating a prior record score based upon convictions from other jurisdictions.	1	1
Midvale Co. v. Unemployment Compensation Board of Reviewgreen pasuperct · 1949 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014 2 sentences 2014Bd. of Review, 165 Pa.Super. 359 , 67 A.2d 380, 385 (1949) (providing that “it is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent”). 2014Bd. of Review, 165 Pa.Super. 359 , 67 A.2d 380, 385 (1949) (providing that “it is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent”).	1	1
Stone Crushed Partnership v. Kassab Archbold Jackson & O'Briengreen pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012 2 sentences 2012See, e.g., Stone Crushed Partnership v. Kassab Archbold Jackson & O’Brien, 589 Pa. 296 , 908 A.2d 875 , 884 n. 10 (2006) (this Court is not obligated to follow decisions of Third Circuit). 10 The elemental error by the lower courts in this case (including the initial Superior Court en banc panel) consisted not only of an inexplicable failure to consider controlling, subsequent cases by this Court— cases specifically argued by the Commonwealth — but also a failure to read closely the relevant jury charge as a whole, and a failure to closely read Huffman . 2012See, e.g., Stone Crushed Partnership v. Kassab Archbold Jackson & O’Brien, 589 Pa. 296 , 908 A.2d 875 , 884 n. 10 (2006) (this Court is not obligated to follow decisions of Third Circuit). 10 The elemental error by the lower courts in this case (including the initial Superior Court en banc panel) consisted not only of an inexplicable failure to consider controlling, subsequent cases by this Court— cases specifically argued by the Commonwealth — but also a failure to read closely the relevant jury charge as a whole, and a failure to closely read Huffman .	1	1
Commonwealth v. Millergreen pa · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007 2 sentences 2007See Commonwealth v. Miller, 469 Pa. 24 , 364 A.2d 886, 887 (1976) (“[Statutes are not presumed to make changes in the rules and principles of the common law or prior existing law beyond what is expressly declared in their provisions.”). 2007See Commonwealth v. Miller, 469 Pa. 24 , 364 A.2d 886, 887 (1976) (“[Statutes are not presumed to make changes in the rules and principles of the common law or prior existing law beyond what is expressly declared in their provisions.”).	1	1
Pennsylvania Railroad v. Rothsteingreen pasuperct · 1934 · cited in 1 Pennsylvania opinions naming this issue, 1940–1940 1 sentence 1940R. v. Rothstein et al., [ 116 Pa. Superior Ct. 156, 160, 161 ] supra. Moreover, as stated in the first Bothstein case, at page 105: “It is an elemental principle of agency that to relieve himself from liability, an agent, in dealing with a third party, must not only disclose the fact of the agency, but also the name of his principal.” The fact the bills of lading contained notations the shipments were “for export” does not exclude beneficial ownership in defendant, nor have any material bearing on whether he exercised such dominion and control over them as would make him liable for the interst	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Commonwealth v. Lowe Coal Co. green · 1929 2 sentences 1961It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 ; Commonwealth v. Lowe Coal Co., 296 Pa. 359, 365 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ; Vince v. Allegheny Pgh. 1949“It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ,11 A. 2d 169”: Vince v. Allegheny Pittsburgh Coal Co., 153 Pa. Superior Ct. 333, 337 , 33 A. 2d 788 .	3	1943–1961
Ogilvie's Estate green pa · 1927 2 sentences 1961It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 ; Commonwealth v. Lowe Coal Co., 296 Pa. 359, 365 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ; Vince v. Allegheny Pgh. 1949“It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ,11 A. 2d 169”: Vince v. Allegheny Pittsburgh Coal Co., 153 Pa. Superior Ct. 333, 337 , 33 A. 2d 788 .	3	1943–1961
Dixon's Case green pasuperct · 1939 2 sentences 1961It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 ; Commonwealth v. Lowe Coal Co., 296 Pa. 359, 365 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ; Vince v. Allegheny Pgh. 1949“It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ,11 A. 2d 169”: Vince v. Allegheny Pittsburgh Coal Co., 153 Pa. Superior Ct. 333, 337 , 33 A. 2d 788 .	3	1943–1961
Carrozza v. Greenbaum green pa · 2007 2 sentences 2021“We should be and are reluctant to disturb the elemental doctrine of joint and several liability in the absence of express direction from the legislature.” Carrozza, 916 A.2d at 565–566 (citation omitted). 2021“We should be and are reluctant to disturb the elemental doctrine of joint and several liability in the absence of express direction from the legislature.” Carrozza, 916 A.2d at 565–566 (citation omitted).	2	2021–2021
Vince v. Allegheny Pittsburgh Coal Co. green pasuperct · 1943 2 sentences 1949“It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ,11 A. 2d 169”: Vince v. Allegheny Pittsburgh Coal Co., 153 Pa. Superior Ct. 333, 337 , 33 A. 2d 788 . 1949“It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ,11 A. 2d 169”: Vince v. Allegheny Pittsburgh Coal Co., 153 Pa. Superior Ct. 333, 337 , 33 A. 2d 788 .	2	1949–1961
Dzaack v. Bell Telephone Co. green pa · 1929 2 sentences 1949“It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 ,11 A. 2d 169”: Vince v. Allegheny Pittsburgh Coal Co., 153 Pa. Superior Ct. 333, 337 , 33 A. 2d 788 . 1943It is an elemental rule of statutory construction that a change of language in a statute indicates a change of legislative intent: Ogilvie’s Estate, 291 Pa. 326, 333 , 139 A. 826 ; Commonwealth v. Lowe Coal Company, 296 Pa. 359, 365 , 145 A. 916 ; Dixon’s Case, 138 Pa. Superior Ct. 385, 391 , 11 A. 2d 169 .	2	1943–1949
Horan v. Hughes neutral nysd · 1903 2 sentences 1938It is an elemental principle of agency that to relieve himself from liability, an agent in dealing with a third party must not only disclose the fact of the agency, but also the name of his principal: Horan v. Hughes, 129 Fed. 248 , affirmed 129 Fed. 1005 ; Sloan Corp. v. Linton, 260 Pa. 569, 572 ; 2 C. 1932It is an elemental principle of agency that to relieve himself from liability, an agent in dealing with a third party must not only disclose the fact of the agency, but also the name of his principal: Horan v. Hughes, 129 Fed. 248 , affirmed 129 Fed. 1005 ; Sloan Corp. v. Linton, 260 Pa. 569, 572 ; 2 C.	2	1932–1938
Kalamazoo Corset Co. v. Simon neutral ca7 · 1903 2 sentences 1938It is an elemental principle of agency that to relieve himself from liability, an agent in dealing with a third party must not only disclose the fact of the agency, but also the name of his principal: Horan v. Hughes, 129 Fed. 248 , affirmed 129 Fed. 1005 ; Sloan Corp. v. Linton, 260 Pa. 569, 572 ; 2 C. 1932It is an elemental principle of agency that to relieve himself from liability, an agent in dealing with a third party must not only disclose the fact of the agency, but also the name of his principal: Horan v. Hughes, 129 Fed. 248 , affirmed 129 Fed. 1005 ; Sloan Corp. v. Linton, 260 Pa. 569, 572 ; 2 C.	2	1932–1938
Sloan Corp. v. Linton neutral · 1918 2 sentences 1938It is an elemental principle of agency that to relieve himself from liability, an agent in dealing with a third party must not only disclose the fact of the agency, but also the name of his principal: Horan v. Hughes, 129 Fed. 248 , affirmed 129 Fed. 1005 ; Sloan Corp. v. Linton, 260 Pa. 569, 572 ; 2 C. 1932It is an elemental principle of agency that to relieve himself from liability, an agent in dealing with a third party must not only disclose the fact of the agency, but also the name of his principal: Horan v. Hughes, 129 Fed. 248 , affirmed 129 Fed. 1005 ; Sloan Corp. v. Linton, 260 Pa. 569, 572 ; 2 C.	2	1932–1938
Poole v. Workers' Compensation Appeal Board green pa · 2002 2 sentences 2003Poole, 810 A.2d at 1184 . 2003As stated by our Court in Poole , ”[i]t is this elemental requirement of proving the case within the case that makes a legal malpractice action unique.” Poole, 810 A.2d at 1184 .	1	2003–2003
Stammer v. Kitzmiller green wis · 1937 1 sentence 1956We think no reference to authorities or decisions is required to support here the elemental principle that this particular instance of transportation and delivery could not be completed, in the absence of direct or implied orders or directions to the contrary, until the merchandise was unloaded and delivered from the truck and trailer inside the garage building where intended for use, and indeed this was the explicit direction given by the bricklayer foreman to plaintiffs’ driver at the time he reported the arrival of the girders.” (Italics supplied.) Garnishee, Central Surety, has also cited	1	1956–1956
McCracken v. Curwensville Borough green pa · 1932 2 sentences 1952I need not belabor the elemental rule that, in considering the defendant's appeal, in view of the verdict in the court below, we are required to read the testimony in the light most advantageous to the plaintiff and he must be given the benefit of every fact and inference of fact fairly deducible from the evidence. ( McCracken v. Curwensville Borough, 309 Pa. 98 .) The facts are readily observable from the Majority Opinion. 1952(McCracken v. Curwensville Borough, 309 Pa. 98 .) The facts are readily observable from the Majority Opinion.	1	1952–1952
Reading Co. v. Sobelman neutral pasuperct · 1940 2 sentences 1947Reading Co. v. Sobelman, 144 Pa. Superior Ct. 270, 277 , 19 A. 2d 754 ; Restatement, Agency, sections 321-322. 1947Reading Co. v. Sobelman, 144 Pa. Superior Ct. 270, 277 , 19 A. 2d 754 ; Restatement, Agency, sections 321-322.	1	1947–1947

Where else courts name it

CO 57 (1914–2026) TX 27 (1936–2024) FL 25 (1905–2026) PA 16 (1932–2023) IL 12 (1949–2005) CA 9 (1943–2020) MO 8 (1893–2014) VT 7 (1978–2015) IN 6 (1889–1978) GA 5 (1954–1976) TN 5 (1927–2014) IA 5 (1900–2017) NC 5 (1910–2022) UT 5 (1964–2021) NJ 5 (1945–2005) KS 4 (1973–2024) OH 4 (1907–2011) VA 4 (1984–2004) MI 3 (1967–2004) MA 3 (1960–2015) NY 3 (1927–1977) OK 3 (1917–1980) MD 3 (1978–2002) WA 3 (2000–2020) KY 3 (1932–2007) MS 3 (1956–1985) HI 3 (1981–2003) SD 2 (1999–1999) CT 2 (1997–2016) AL 2 (1939–1961) MT 2 (2013–2013) WY 2 (1941–1992) LA 2 (1956–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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