street exception in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1929–2020 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 (1)

Case	Followed	Cited
Leone v. Commonwealth, Department of Transportationgreen pacommwct · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2009–2018 2 sentences 2018We concluded that, "[b]ecause [the plaintiff] failed to produce any evidence that a contractual relationship between the [c]ity and the Commonwealth/PennD[OT] existed, [she] did not prove that her action fell within the exception to immunity contained in 42 Pa.C.S. § 8542(b)(6)(ii)." Id. ; see also Leone v. Department of Transportation , 780 A.2d 754 , 758 (Pa. Cmwlth. 2001) (finding that the plaintiffs "failed to present any evidence that the Commonwealth had contracted with the [c]ity for the maintenance and repair of [the street], a state highway," and that "correspondence between PennD[OT] 2009Thus, the trial court was correct in determining that Appellants cannot invoke the streets exception to the Act.” Id., 780 A.2d at 758 .	1	2

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 (10)

Case	Cited	Years
McCalla v. Mura green pa · 1994 2 sentences 1999In McCalla v. Mura, 538 Pa. 527 , 649 A.2d 646 (1994), while deeply divided on other issues, our Supreme Court appeared to have extended the Bendas rationale to the street exception applicable to local agencies. 1999In McCalla v. Mura, 538 Pa. 527 , 649 A.2d 646 (1994), while deeply divided on other issues, our Supreme Court appeared to have extended the Bendas rationale to the street exception applicable to local agencies.	2	1996–1999
City of Bethlehem and the United States of America v. A.S. Kanofsky green pacommwct · 2017 1 sentence 2020Most of 18th Street’s issues involve matters that are irrelevant, outside the scope of this appeal, or waived because they were not raised before the trial court.7 Those issues are not 6 This Court’s review determines “whether the trial court abused its discretion or committed an error of law necessary to the outcome of the case.” City of Bethlehem v. Kanofsky, 175 A.3d 467 , 475 n.8 (Pa. Cmwlth. 2017) (quoting In re Conservatorship Proceeding In Rem by Germantown Conservancy, Inc., 995 A.2d 451 , 459 n.6 (Pa. Cmwlth. 2010)), appeal denied, 191 A.3d 744 (Pa. 2018). 7 Specifically, the “Stateme	1	2020–2020
Commonwealth v. Ndamage neutral pa · 2018 1 sentence 2020Most of 18th Street’s issues involve matters that are irrelevant, outside the scope of this appeal, or waived because they were not raised before the trial court.7 Those issues are not 6 This Court’s review determines “whether the trial court abused its discretion or committed an error of law necessary to the outcome of the case.” City of Bethlehem v. Kanofsky, 175 A.3d 467 , 475 n.8 (Pa. Cmwlth. 2017) (quoting In re Conservatorship Proceeding In Rem by Germantown Conservancy, Inc., 995 A.2d 451 , 459 n.6 (Pa. Cmwlth. 2010)), appeal denied, 191 A.3d 744 (Pa. 2018). 7 Specifically, the “Stateme	1	2020–2020
In Re a Conservatorship Proceeding Ex Rel. Germantown Conservancy, Inc. green pacommwct · 2010 1 sentence 2020Most of 18th Street’s issues involve matters that are irrelevant, outside the scope of this appeal, or waived because they were not raised before the trial court.7 Those issues are not 6 This Court’s review determines “whether the trial court abused its discretion or committed an error of law necessary to the outcome of the case.” City of Bethlehem v. Kanofsky, 175 A.3d 467 , 475 n.8 (Pa. Cmwlth. 2017) (quoting In re Conservatorship Proceeding In Rem by Germantown Conservancy, Inc., 995 A.2d 451 , 459 n.6 (Pa. Cmwlth. 2010)), appeal denied, 191 A.3d 744 (Pa. 2018). 7 Specifically, the “Stateme	1	2020–2020
Vitelli v. City of Chester green pacommwct · 1988 2 sentences 1999Vitelli v. City of Chester, 119 Pa.Cmwlth. 58 , 545 A.2d 1011 (1988). 1999Vitelli v. City of Chester, 119 Pa.Cmwlth. 58 , 545 A.2d 1011 (1988).	1	1999–1999
KILEY BY KILEY v. City of Philadelphia green pa · 1994 2 sentences 1999Shortly after Bendas was decided, though, our Supreme Court decided Kiley v. City of Philadelphia, 537 Pa. 502 , 645 A.2d 184 (1994), a case involving what was a “dangerous condition of’ a sidewalk. 1999Shortly after Bendas was decided, though, our Supreme Court decided Kiley v. City of Philadelphia, 537 Pa. 502 , 645 A.2d 184 (1994), a case involving what was a “dangerous condition of’ a sidewalk.	1	1999–1999
Finn v. City of Philadelphia green pa · 1995 2 sentences 1999Indeed, in cases involving the street exception, “liability depends, first, on the legal determination that an injury was caused by a condition of [the street] itself, deriving, originating from, or having the [street] as its source, and, only then, the factual determination that the condition was dangerous.” Finn, 541 Pa. at 605 , 664 A.2d at 1346 . 1999Indeed, in cases involving the street exception, “liability depends, first, on the legal determination that an injury was caused by a condition of [the street] itself, deriving, originating from, or having the [street] as its source, and, only then, the factual determination that the condition was dangerous.” Finn, 541 Pa. at 605 , 664 A.2d at 1346 .	1	1999–1999
Byrne v. Schultz (Stone) green pa · 1932 2 sentences 1933The appellant relies on the case of Byrne v. Schultz, 306 Pa. 427 , 160 Atl. 125 . 1933The appellant relies on the case of Byrne v. Schultz, 306 Pa. 427 , 160 Atl. 125 .	1	1933–1933
Dattola Et Ux. v. Burt Bros., Inc. green pa · 1926 1 sentence 1929The question of contributory negligence by parents in the case of a child is one of fact and usually for the jury (Dattola et ux. v. Burt Bros., 288 Pa. 134 ; Cover v. Hershey Transit Co., 290 Pa. 551 ; Fineman v. P. R.	1	1929–1929
Cover v. Hershey Transit Co. green pa · 1927 1 sentence 1929The question of contributory negligence by parents in the case of a child is one of fact and usually for the jury (Dattola et ux. v. Burt Bros., 288 Pa. 134 ; Cover v. Hershey Transit Co., 290 Pa. 551 ; Fineman v. P. R.	1	1929–1929

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8542 (4) PA § 42 Pa. Cons. Stat. § 8541 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 18 (1895–2026) WA 9 (1911–2022) TX 9 (1961–2020) PA 8 (1929–2020) CA 7 (1935–2025) IL 6 (1905–1975) GA 5 (1902–2026) MA 5 (1878–1952) NC 5 (1904–2010) IA 4 (1880–1976) MO 4 (1944–2014) OH 4 (1906–1996) FL 3 (1936–1997) MN 3 (1932–1950) UT 3 (1934–2011) TN 3 (1927–1956) LA 3 (1935–2000) AZ 2 (2007–2007) WV 2 (2011–2011) IN 2 (1874–1985) CT 2 (1926–1995) OK 2 (1928–1961)

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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