dangerous rule (Pennsylvania) · Go Syfert
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dangerous rule in Pennsylvania

11 Pennsylvania opinions name it 4 courts 1932–1999 0 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)

CaseFollowedCited
Commonwealth v. Noblegreen
pa · 1952 · cited in 3 Pennsylvania opinions naming this issue, 1978–1983
2 sentences

1979Among other things the Supreme Court says in that case that “[t]he res gestae rule . is a dangerous rule . . . and . . . ought not to be extended beyond the limits of reasonably immediate, spontaneous declarations relating to the controverted fact.” 371 Pa. 138, 144-45 , 88 A.2d 760, 763 . *442 We agree with the arguments of defendants that, at a minimum, there must be evidence that the declarant had personal knowledge of her utterance, and that the utterance was the spontaneous product of shock or injury.

1979Among other things the Supreme Court says in that case that “[t]he res gestae rule . is a dangerous rule . . . and . . . ought not to be extended beyond the limits of reasonably immediate, spontaneous declarations relating to the controverted fact.” 371 Pa. 138, 144-45 , 88 A.2d 760, 763 . *442 We agree with the arguments of defendants that, at a minimum, there must be evidence that the declarant had personal knowledge of her utterance, and that the utterance was the spontaneous product of shock or injury.

23
Commonwealth v. Gardnergreen
pa · 1925 · cited in 3 Pennsylvania opinions naming this issue, 1936–1983
2 sentences

1952It is a dangerous rule, as all the text-writers *145 agree, and we think it onglit not to be extended beyond the limits of reasonably immediate, spontaneous declarations relating to the controverted fact . . . .’ Res gestae declarations ‘ought to be confined to those utterances, made in connection with a startling event by one laboring under the stress of nervous excitement caused by it’: Com. v. Gardner, 282 Pa. 458, 485 , 128 A. 87 , 90”: Athas v. Fort Pitt Brewing Co., 324 Pa. 313, 318 , 188 A. 113 .

1952It is a dangerous rule, as all the text-writers *145 agree, and we think it onglit not to be extended beyond the limits of reasonably immediate, spontaneous declarations relating to the controverted fact . . . .’ Res gestae declarations ‘ought to be confined to those utterances, made in connection with a startling event by one laboring under the stress of nervous excitement caused by it’: Com. v. Gardner, 282 Pa. 458, 485 , 128 A. 87 , 90”: Athas v. Fort Pitt Brewing Co., 324 Pa. 313, 318 , 188 A. 113 .

13
Athas v. Fort Pitt Brewing Co.green
pa · 1936 · cited in 2 Pennsylvania opinions naming this issue, 1952–1983
2 sentences

1952It is a dangerous rule, as all the text-writers *145 agree, and we think it onglit not to be extended beyond the limits of reasonably immediate, spontaneous declarations relating to the controverted fact . . . .’ Res gestae declarations ‘ought to be confined to those utterances, made in connection with a startling event by one laboring under the stress of nervous excitement caused by it’: Com. v. Gardner, 282 Pa. 458, 485 , 128 A. 87 , 90”: Athas v. Fort Pitt Brewing Co., 324 Pa. 313, 318 , 188 A. 113 .

1952It is a dangerous rule, as all the text-writers *145 agree, and we think it onglit not to be extended beyond the limits of reasonably immediate, spontaneous declarations relating to the controverted fact . . . .’ Res gestae declarations ‘ought to be confined to those utterances, made in connection with a startling event by one laboring under the stress of nervous excitement caused by it’: Com. v. Gardner, 282 Pa. 458, 485 , 128 A. 87 , 90”: Athas v. Fort Pitt Brewing Co., 324 Pa. 313, 318 , 188 A. 113 .

12
Noble v. City of Palo Altogreen
calctapp · 1928 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
2 sentences

1999Id., 264 P. at 532 (emphasis added). .

1999Id., 264 P. at 532 (emphasis added). [5] See Section 1105 of The Administrative Code of 1929, Act. of April 9, 1929, P.L. 177, as amended, 71 P.S. § 325 (transferring the powers and duties of the Secretary of Revenue under the Escheat Act to the State Treasurer). [1] Whether Mr. Nemeth is the rightful owner of the Cash is not before this Court. [2] Although the trial court conducted a review of the bag and its contents, the trial court made no findings as to the size, shape or color of the bag.

11
Carney v. Pennsylvania Railroadgreen
pa · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979Carney v. Pennsylvania Railroad Co., 428 Pa. 489, 493, 494 , 240 A.2d 71, 73, 74 (1968).

1979Carney v. Pennsylvania Railroad Co., 428 Pa. 489, 493, 494 , 240 A.2d 71, 73, 74 (1968).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Deater v. Penn Machine Co. neutral
pa · 1933
2 sentences

1961Dealer v. Penn Machine Co., 311 Pa. 291, 295 , 166 A. 846 (1933).

1961Dealer v. Penn Machine Co., 311 Pa. 291, 295 , 166 A. 846 (1933).

21952–1961
Izzi v. Philadelphia Transportation Co. green
pa · 1963
2 sentences

1970Transportation Co., 412 Pa. 559 , 195 A. 2d 784 , the Court pertinently said (page 566) : “[W]e deem it wise to reiterate that the doctrine of exclusive control, which has often been termed a dangerous doctrine, is in the last analysis applied only under very unusual conditions and only because of necessity.

1970Transportation Co., 412 Pa. 559 , 195 A. 2d 784 , the Court pertinently said (page 566) : “[W]e deem it wise to reiterate that the doctrine of exclusive control, which has often been termed a dangerous doctrine, is in the last analysis applied only under very unusual conditions and only because of necessity.

11970–1970
Commonwealth v. Switzer neutral
pa · 1890
2 sentences

1968As early as 1890, the Supreme Court stated that: “The same circumstances of the trial probably led to the unfortunate putting before the jury of the probable result of a verdict of guilty . . . [A] jury might be apt to understand it as in some degree a subject for their consideration, and in that aspect it was a dangerous error, which can hardly be considered cured by the subsequent directions.” Commonwealth v. Switzer, 134 Pa. 383 , 19 A. 681 (1890).

1968As early as 1890, the Supreme Court stated that: “The same circumstances of the trial probably led to the unfortunate putting before the jury of the probable result of a verdict of guilty . . . [A] jury might be apt to understand it as in some degree a subject for their consideration, and in that aspect it was a dangerous error, which can hardly be considered cured by the subsequent directions.” Commonwealth v. Switzer, 134 Pa. 383 , 19 A. 681 (1890).

11968–1968
Commonwealth v. Rumage green
pa · 1948
2 sentences

1952In Deater v. Penn Machine Co., 311 Pa. 291 , 186 A. 846 , Mr. Justice, later Chief Justice Schaffer, said (page 295) : “In Com. v. Gardner, 282 Pa. 458 , Mr. Justice Kephart, speaking generally of res gestae declarations, said, (page 465) : ‘Their sole distinguishing feature is that they should be the necessary incidents of the litigated act, — necessary, in this sense, that they are part of the immediate preparations for, or emanations of, such act.’ ” Spontaneous exclamations or declarations uttered during or immediately preceding or following the actual infliction of wounds or springing out

1952In Deater v. Penn Machine Co., 311 Pa. 291 , 186 A. 846 , Mr. Justice, later Chief Justice Schaffer, said (page 295) : “In Com. v. Gardner, 282 Pa. 458 , Mr. Justice Kephart, speaking generally of res gestae declarations, said, (page 465) : ‘Their sole distinguishing feature is that they should be the necessary incidents of the litigated act, — necessary, in this sense, that they are part of the immediate preparations for, or emanations of, such act.’ ” Spontaneous exclamations or declarations uttered during or immediately preceding or following the actual infliction of wounds or springing out

11952–1952
Guthrie v. Armstrong green
pa · 1931
1 sentence

1932This is a dangerous doctrine to lay down so far as municipalities are concerned and is in the teeth of the principle which we enunciated in Guthrie v. Armstrong, 303 Pa. 11 , that bidders on municipal contracts should be on an equality as to knowledge of what a proposed contract is to comprehend.

11932–1932
Kiebler v. McCutcheon green
pa · 1921
1 sentence

1932Ludwick’s Estate, 269 Pa. 365 , is a recent case upon the point, and there are many others.

11932–1932

Where else courts name it

MI 24 (1894–2026) IL 20 (1896–2026) TX 11 (1897–2015) PA 11 (1932–1999) GA 8 (1892–1994) NY 8 (1836–1932) CA 7 (1890–2024) MO 7 (1884–1960) LA 6 (1930–2018) OK 6 (1923–1944) MS 5 (1940–2013) KS 5 (1893–2014) FL 4 (2008–2019) AZ 4 (1899–1935) DC 3 (1997–2025) SD 3 (1909–1922) AL 3 (1886–1977) MD 3 (1913–1993) WI 3 (1913–1925) OR 3 (1911–1961) IA 3 (1900–2004) ID 2 (1905–1921) NC 2 (1952–1966) WA 2 (1914–1998) HI 2 (1925–1954) UT 2 (1901–1967) ND 2 (1902–1956) NV 2 (1885–1968) VA 2 (1926–1941)

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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