Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
12 Pennsylvania opinions name it 6 courts 1947–2024 2 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.
| Case | Followed | Cited |
|---|---|---|
Emerich v. Philadelphia Center for Human Development, Inc.green2 sentences2018On appeal, this Court held "that a mental health care professional, under certain limited circumstances, owes a duty to warn a third party of threats of harm against that third party." Id. at 1036 . 11 Acknowledging *225 the general common-law rule that there is no duty to control the conduct of a third party to protect another individual from harm, we noted that an exception exists "where a defendant stands in some special relationships with either the person whose conduct needs to be controlled or in a relationship with the intended victim of the conduct, which gives to the intended victim a 2018On appeal, this Court held "that a mental health care professional, under certain limited circumstances, owes a duty to warn a third party of threats of harm against that third party." Id. at 1036 . 11 Acknowledging *225 the general common-law rule that there is no duty to control the conduct of a third party to protect another individual from harm, we noted that an exception exists "where a defendant stands in some special relationships with either the person whose conduct needs to be controlled or in a relationship with the intended victim of the conduct, which gives to the intended victim a | 1 | 3 |
Bilt-Rite Contractors, Inc. v. Architectural Studiogreen1 sentence2024Furthermore, insofar as this Court has looked to the approach of other jurisdictions in determining whether to apply common law rules,12 the weight of authority indeed appears to be aligned with our decision to recognize such claims based on similar reasoning.13 12 See, e.g., Bilt-Rite Contractors, Inc. v. The Architectural Studio, 866 A.2d 270, 285 (Pa. 2005) (explaining that Court was persuaded by decisions of sister jurisdictions to formally adopt restatement provision as applied by those jurisdictions in particular scenario); Tincher, 103 A.3d at 355 & n.7 (providing that “a court should c | 1 | 1 |
Rapho v. Mooregreen2 sentences2000See generally Heinlein v. Allegheny County, 374 Pa. 496, 500 , 98 A.2d 36, 39 (1953)(stating that "[a]s a general proposition, but by no means universal, bridges are treated as portions of the highways which cross them") (quoting Rapho & West Hempfield Townships v. Moore, 68 Pa. 404, 406 (1871))(emphasis added). 2000See generally Heinlein v. Allegheny County, 374 Pa. 496, 500, 98 A.2d 36, 39 (1953)(stating that “[a]s a general proposition, but by no means universal, bridges are treated as portions of the highways which cross them”) (quoting Rapho & West Hempfield Townships v. Moore, 68 Pa. 404, 406 (1871))(emphasis added). | 1 | 1 |
Heinlein v. Allegheny Countygreen2 sentences2000See generally Heinlein v. Allegheny County, 374 Pa. 496, 500, 98 A.2d 36, 39 (1953)(stating that “[a]s a general proposition, but by no means universal, bridges are treated as portions of the highways which cross them”) (quoting Rapho & West Hempfield Townships v. Moore, 68 Pa. 404, 406 (1871))(emphasis added). 2000See generally Heinlein v. Allegheny County, 374 Pa. 496, 500, 98 A.2d 36, 39 (1953)(stating that “[a]s a general proposition, but by no means universal, bridges are treated as portions of the highways which cross them”) (quoting Rapho & West Hempfield Townships v. Moore, 68 Pa. 404, 406 (1871))(emphasis added). | 1 | 1 |
Delaware River Port Authority v. Pennsylvania Public Utility Commissiongreen1 sentence1978See Delaware River Port Authority v. Pennsylvani a Public Utility Commission, 393 Pa. 639 , 145 A.2d 172 (1958). | 1 | 1 |
Greenberg v. Sun Shipbuilding Co.green2 sentences1977The second exception is based on the doctrine of impossibility of performance, and is stated in Greenburg v. Sun Shipbuilding Co., 277 Pa. 312, 313 , 121 A. 63, 64 (1923): “Where a contract relates to the use and possession of specific property, the existence of which is necessary to the carrying out of the purpose in view, a condition is implied by law, as though written in the agreement that the impossibility of performance arising from the destruction of the property without fault of either party, shall end all contractual obligations relating to the thing de stroyed.” See also Rest. 1977The second exception is based on the doctrine of impossibility of performance, and is stated in Greenburg v. Sun Shipbuilding Co., 277 Pa. 312, 313 , 121 A. 63, 64 (1923): “Where a contract relates to the use and possession of specific property, the existence of which is necessary to the carrying out of the purpose in view, a condition is implied by law, as though written in the agreement that the impossibility of performance arising from the destruction of the property without fault of either party, shall end all contractual obligations relating to the thing de stroyed.” See also Rest. | 1 | 1 |
Commonwealth v. Quarantagreen1 sentence1947The general common-law principle is stated in Commonwealth v. Quaranta, 295 Pa. 264, 270 (1928): “The judgment in a criminal case is not res judicata of the facts on which that case was based, where such facts or a part of them are in dispute in another action between different parties.” This rule has received statutory recognition in that section 14 of the Act of 1941 (20 PS §3454) provides that such record of conviction is “admissible in evidence against a claimant of property in any civil suit”, but does not make the conviction a conclusive bar to civil rights. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Allied Oil Corp.
green
2 sentences2005Although we concluded that he was not entitled to such credit, our analysis included considerations of due process such as those raised in the instant case. ¶ 16 In Blair , we conducted a thorough examination of early cases from various jurisdictions, which applied the general common law rule that "where a final sentence of imprisonment had been rendered, delay in executing such a sentence did not preclude a subsequent enforcement of the sentence." Id. at 741 . 2005Although we concluded that he was not entitled to such credit, our analysis included considerations of due process such as those raised in the instant case. ¶ 16 In Blair , we conducted a thorough examination of early cases from various jurisdictions, which applied the general common law rule that “where a final sentence of imprisonment had been rendered, delay in executing such a sentence did not preclude a subsequent enforcement of the sentence.” Id. at 741 . | 1 | 2005–2005 |
United States v. Frank Martinez
green
2 sentences2005We noted that, in United States v. Martinez, 837 F.2d 861 (9th Cir.1988), the United States Court of Appeals for the Ninth Circuit recognized that "under common law a convicted person erroneously at liberty must, when the error is discovered, serve the full sentence imposed." Blair, 699 A.2d at 741 (quoting Martinez, 837 F.2d at 864 ). 2005We noted that, in United States v. Martinez, 837 F.2d 861 (9th Cir.1988), the United States Court of Appeals for the Ninth Circuit recognized that "under common law a convicted person erroneously at liberty must, when the error is discovered, serve the full sentence imposed." Blair, 699 A.2d at 741 (quoting Martinez, 837 F.2d at 864 ). | 1 | 2005–2005 |
Commonwealth v. Blair
green
2 sentences2005We noted that, in United States v. Martinez, 837 F.2d 861 (9th Cir.1988), the United States Court of Appeals for the Ninth Circuit recognized that "under common law a convicted person erroneously at liberty must, when the error is discovered, serve the full sentence imposed." Blair, 699 A.2d at 741 (quoting Martinez, 837 F.2d at 864 ). 2005We noted that, in United States v. Martinez, 837 F.2d 861 (9th Cir.1988), the United States Court of Appeals for the Ninth Circuit recognized that “under common law a convicted person erroneously at liberty must, when the error is discovered, serve the full sentence imposed.” Blair, 699 A.2d at 741 (quoting Martinez, 837 F.2d at 864 ). | 1 | 2005–2005 |
Hamaker v. Blanchard
green
1 sentence1965From early times it has been the law of Pennsylvania that money found in a public or semipublic place such as the common room of an inn or the floor of a shop is lost, rather than abandoned, property and no presumption of ownership arises even as to the innkeeper or shopkeeper in the absence of evidence pointing to its loss by a guest or patron, so that the general common-law rule that a finder has a valid claim against all the world except the true owner will apply: Hamaker v. Blanchard, 90 Pa. 377 . | 1 | 1965–1965 |
Batteiger v. Pennsylvania Co.
neutral
1 sentence1965The rule was recognized in Warren, Admr. v. Ulrich, 130 Pa. 413 , and in Batteiger v. Pennsylvania Company, 64 Pa. Superior Ct. 195 , which, like the Hamaker case, recognized that the place where property is found does not change the rule but may be material in determining whether the article has been lost, rather than merely mislaid. | 1 | 1965–1965 |
Warren v. Ulrich
neutral
1 sentence1965The rule was recognized in Warren, Admr. v. Ulrich, 130 Pa. 413 , and in Batteiger v. Pennsylvania Company, 64 Pa. Superior Ct. 195 , which, like the Hamaker case, recognized that the place where property is found does not change the rule but may be material in determining whether the article has been lost, rather than merely mislaid. | 1 | 1965–1965 |
Commonwealth v. Kunzmann
neutral
2 sentences1958Simmons v. Commonwealth, 5 Binney 617; Commonwealth v. Kunzmann, 41 Pa. 429 ; Commonwealth ex rel. 1958Simmons v. Commonwealth, 5 Binney 617; Commonwealth v. Kunzmann, 41 Pa. 429 ; Commonwealth ex rel. | 1 | 1958–1958 |
Shewell v. Keen
neutral
1 sentence1948See 10 Standard Pa. Practice 251; Shewell v. Keen et al., 2 Wharton 332, 338 ; Barnett et al. v. Weaver et al., 2 Wharton 418, 419 . | 1 | 1948–1948 |
Barnett v. Weaver
neutral
1 sentence1948See 10 Standard Pa. Practice 251; Shewell v. Keen et al., 2 Wharton 332, 338 ; Barnett et al. v. Weaver et al., 2 Wharton 418, 419 . | 1 | 1948–1948 |
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.