measure immunity (Pennsylvania) · Go Syfert
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measure immunity in Pennsylvania

8 Pennsylvania opinions name it 4 courts 1933–2022 1 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 (3)

CaseFollowedCited
Sheard v. J.J. DeLuca Co.green
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022S]tatutory employers under Section 302(b) enjoy a measure of immunity from liability in tort pertaining to work-related injuries for which they bear secondary liability under the [A]ct.” Sheard, 92 A.3d at 74-75 (citations omitted).

11
Patton v. Worthington Associates, Inc.green
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See also Patton v. Worthington Associates, Inc., 89 A.3d 643, 645 (Pa. 2014) (reinforcing the established doctrine of statutory employer immunity).

11
Qualp v. James Stewart Co.green
pa · 1920 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014See Qualp v. James Stewart Co., 266 Pa. 502, 509 , 109 A. 780, 782 (1920). 2 Concomitant with the treatment of traditional employers, statutory employers under Section 302(b) enjoy a measure of immunity from liability in tort pertaining to work-related injuries for which they bear secondary liability under the Act.

2014See Qualp v. James Stewart Co., 266 Pa. 502, 509 , 109 A. 780, 782 (1920). 2 Concomitant with the treatment of traditional employers, statutory employers under Section 302(b) enjoy a measure of immunity from liability in tort pertaining to work-related injuries for which they bear secondary liability under the Act.

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 (9)

CaseCitedYears
Yealy v. Fink green
pa · 1862
2 sentences

1971“Such a measure of immunity to public officers the interests of society and the enforcement of the laws demand”: Yealy v. Fink, 43 Pa. 212 (1862).

1965Such a measure of immunity to public officers the interests of society and the enforcement of the laws demand”: Yealy v. Fink, 43 Pa. 212, 215-17 .

21965–1971
Burton v. Fulton green
pa · 1865
1 sentence

1965The rule of that case has been cited with approval in Burton, supra; American Pavement Co. v. Wagner, 139 Pa. 623 ; Schwinn v. Gordon, 134 Superior Ct. 422; and Highway Paving Company v. Hausman, 171 F. Supp. 768 .

11965–1965
Amer. Pavement Co. v. Wagner green
pa · 1891
1 sentence

1965The rule of that case has been cited with approval in Burton, supra; American Pavement Co. v. Wagner, 139 Pa. 623 ; Schwinn v. Gordon, 134 Superior Ct. 422; and Highway Paving Company v. Hausman, 171 F. Supp. 768 .

11965–1965
Highway Paving Company v. Hausman green
paed · 1959
1 sentence

1965The rule of that case has been cited with approval in Burton, supra; American Pavement Co. v. Wagner, 139 Pa. 623 ; Schwinn v. Gordon, 134 Superior Ct. 422; and Highway Paving Company v. Hausman, 171 F. Supp. 768 .

11965–1965
Prentice v. Hancock green
pa · 1902
1 sentence

1959The trial judge correctly certified the amount to be over $5,000, because the earlier statute refers to “the amount of the judgment, decree or award (which) shall be conclusive proof of the amount really in controversy.” In Prentice v. Hancock, 204 Pa. 128 (1902), when the division between the appellate courts stood at $1500, plaintiff claimed, in equity, a balance over $1500.

11959–1959
Fleming v. Kravitz neutral
pa · 1918
2 sentences

1957Jones — -have had (1) to stretch and strain the measure or standard of due care, and (2) to candidly overrule a decision of this Court, namely, Fleming v. Kravitz, 260 Pa. 428 , 103 A. 831 , and a decision of the Superior Court of Pennsylvania, namely, Swanson v. Crandall, 2 Pa. Superior Ct. 85 , and (3) to equate a loaded gun lying along the path by an open road Avhile the owner went to his home to read the newspapers, A?ith a loaded pistol kept in the top bureau drawer of a bedroom in a man’s home to safeguard his life.

1957Jones — -have had (1) to stretch and strain the measure or standard of due care, and (2) to candidly overrule a decision of this Court, namely, Fleming v. Kravitz, 260 Pa. 428 , 103 A. 831 , and a decision of the Superior Court of Pennsylvania, namely, Swanson v. Crandall, 2 Pa. Superior Ct. 85 , and (3) to equate a loaded gun lying along the path by an open road Avhile the owner went to his home to read the newspapers, A?ith a loaded pistol kept in the top bureau drawer of a bedroom in a man’s home to safeguard his life.

11957–1957
Swanson v. Crandall green
pasuperct · 1896
2 sentences

1957Jones — -have had (1) to stretch and strain the measure or standard of due care, and (2) to candidly overrule a decision of this Court, namely, Fleming v. Kravitz, 260 Pa. 428 , 103 A. 831 , and a decision of the Superior Court of Pennsylvania, namely, Swanson v. Crandall, 2 Pa. Superior Ct. 85 , and (3) to equate a loaded gun lying along the path by an open road Avhile the owner went to his home to read the newspapers, A?ith a loaded pistol kept in the top bureau drawer of a bedroom in a man’s home to safeguard his life.

1957JONES — have had (1) to stretch and strain the measure or standard of due care, and (2) to candidly overrule a decision of this Court, namely, Fleming v. Kravitz, 260 Pa. 428 , 103 A. 831 , and a decision of the Superior Court of Pennsylvania, namely, Swanson v. Crandall, 2 Pa. Superior Ct. 85 , and (3) to equate a loaded gun lying along the path by an open road while the owner went to his home to read the newspapers, with a loaded pistol kept in the top bureau drawer of a bedroom in a man's home to safeguard his life.

11957–1957
Scipani v. Pressed Steel Car Co. neutral
pasuperct · 1942
2 sentences

1949The Workmen’s Compensation Board in adopting as its basis the actual wages received in one week was only following the law as set forth in the Workmen’s Compensation Act.” (Italics supplied.) Section 306 (b) as finally amended May 18, 1945, P. L. 671, 77 PS §512, provides, in part, that: “The term ‘earning power,’ as used in this section, shall in no case be less than the .weekly amount which the employe receives after the accident.” In Scipani v. Pressed Steel Car Co., 150 Pa. Superior Ct. 410, 415 , 28 A. 2d 502, 504 , we held that “The 1939 amendment refers to the actual amount of wages rec

1949The Workmen’s Compensation Board in adopting as its basis the actual wages received in one week was only following the law as set forth in the Workmen’s Compensation Act.” (Italics supplied.) Section 306 (b) as finally amended May 18, 1945, P. L. 671, 77 PS §512, provides, in part, that: “The term ‘earning power,’ as used in this section, shall in no case be less than the .weekly amount which the employe receives after the accident.” In Scipani v. Pressed Steel Car Co., 150 Pa. Superior Ct. 410, 415 , 28 A. 2d 502, 504 , we held that “The 1939 amendment refers to the actual amount of wages rec

11949–1949
Smith's Appeal yellow
pa · 1879
1 sentence

1933We said in Smith’s App., 88 Pa. 492 , by “lives in •being” at the time the interest is created is meant any lives whatsoever then in being.

11933–1933

Where else courts name it

CA 17 (1906–2022) TX 16 (1924–2015) NY 12 (1893–2025) WA 8 (1968–2006) PA 8 (1933–2022) KY 7 (1922–1982) MO 7 (1889–2008) LA 6 (1939–2004) MD 5 (1839–2011) IL 5 (1893–1979) OR 5 (1917–2019) KS 4 (2008–2010) CT 4 (1938–1998) FL 3 (1985–2010) AL 3 (2000–2009) MT 3 (1925–2017) AZ 2 (1969–1975) MN 2 (1891–1938) ME 2 (1949–2009) NJ 2 (1996–1997) NC 2 (1895–2014) IA 2 (2019–2025) MA 2 (1994–1995)

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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