genesis rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

genesis rule in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1934–2023 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.

Followed or applied (4)

CaseFollowedCited
In Re Durangreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023In re Duran, 769 A.2d 497, 506 (Pa.Super. 2001).

11
Aikens v. Baltimore and Ohio R. Co.green
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004The Pennsylvania courts have formulated a comparable rationale for the economic loss doctrine and have concluded that “[t]he reason a plaintiff cannot recover stems from the fact that the negligent actor has no knowledge of the contract or prospective relation and thus has no reason to foresee any harm to the plaintiff’s interests.” Pflumm Paving, 816 A.2d at 1168-69 ; Aikens v. Baltimore and Ohio Railroad Co., 348 Pa. Super. 17, 21 , 501 A.2d 277, 279 (1985).

2004The Pennsylvania courts have formulated a comparable rationale for the economic loss doctrine and have concluded that “[t]he reason a plaintiff cannot recover stems from the fact that the negligent actor has no knowledge of the contract or prospective relation and thus has no reason to foresee any harm to the plaintiff’s interests.” Pflumm Paving, 816 A.2d at 1168-69 ; Aikens v. Baltimore and Ohio Railroad Co., 348 Pa. Super. 17, 21 , 501 A.2d 277, 279 (1985).

11
Duquesne Light Co. v. Pennsylvania American Water Co.green
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
1 sentence

2004The genesis of this doctrine can be found in the United States Supreme Court ruling in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (1927), where the court stated that “[a]s a general rule, at least, a tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other unknown to the doer of the wrong.” Duquesne Light Co. v. Pennsylvania American Water Co., 850 A.2d 701, 703 (Pa. Su per. 2004) (quoting Flint, 275 U.S. at 309 ).

11
Commonwealth v. Dancergreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002Contrary to the generally-accepted wisdom, research , reveals that Hubbard was not the genesis for the rule that claims of ineffectiveness must be raised at the time a defendant is represented by new counsel; rather, this principle was first announced over two years earlier in Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975).

2002Contrary to the generally-accepted wisdom, research , reveals that Hubbard was not the genesis for the rule that claims of ineffectiveness must be raised at the time a defendant is represented by new counsel; rather, this principle was first announced over two years earlier in Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975).

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 (5)

CaseCitedYears
Kerby v. Luhrs green
ariz · 1934
2 sentences

2021But, if any one of the propositions, although not directly contradicting the others, does not refer to such matters, or if it is not such that the voter supporting it would reasonably be expected to support the principle of the others, then there are in reality two or more amendments to be submitted, and the proposed amendment falls within the constitutional prohibition. [J-48-2021] - 43 Kerby, 36 P.2d at 554 .

2021The genesis for this requirement was the seminal case of Kerby, supra, in which the Arizona Supreme Court explained how this requirement was to be applied in examining the provisions of a proposed constitutional amendment, as well as the vital role of this requirement in safeguarding its electorate against logrolling: If the different changes contained in the proposed amendment all cover matters necessary to be dealt with in some manner, in order that the Constitution, as amended, shall constitute a consistent and workable whole on the general topic embraced in that part which is amended, and

12021–2021
Robins Dry Dock & Repair Co. v. Flint green
scotus · 1927
2 sentences

2004The genesis of this doctrine can be found in the United States Supreme Court ruling in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (1927), where the court stated that “[a]s a general rule, at least, a tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other unknown to the doer of the wrong.” Duquesne Light Co. v. Pennsylvania American Water Co., 850 A.2d 701, 703 (Pa. Su per. 2004) (quoting Flint, 275 U.S. at 309 ).

2004The genesis of this doctrine can be found in the United States Supreme Court ruling in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (1927), where the court stated that “[a]s a general rule, at least, a tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other unknown to the doer of the wrong.” Duquesne Light Co. v. Pennsylvania American Water Co., 850 A.2d 701, 703 (Pa. Su per. 2004) (quoting Flint, 275 U.S. at 309 ).

12004–2004
David Pflumm Paving & Excavating, Inc. v. Foundation Services Co. green
pasuperct · 2003
1 sentence

2004The Pennsylvania courts have formulated a comparable rationale for the economic loss doctrine and have concluded that “[t]he reason a plaintiff cannot recover stems from the fact that the negligent actor has no knowledge of the contract or prospective relation and thus has no reason to foresee any harm to the plaintiff’s interests.” Pflumm Paving, 816 A.2d at 1168-69 ; Aikens v. Baltimore and Ohio Railroad Co., 348 Pa. Super. 17, 21 , 501 A.2d 277, 279 (1985).

12004–2004
WALNUT DISCOUNT CO. v. Weiss green
pasuperct · 1965
2 sentences

1967The genesis of this test in Pennsylvania can be found in Walnut Discount Co. v. Weiss, 205 Pa. Superior Ct. 161 , 208 A. 2d 26 (1965).

1967The genesis of this test in Pennsylvania can be found in Walnut Discount Co. v. Weiss, 205 Pa. Superior Ct. 161 , 208 A. 2d 26 (1965).

11967–1967
Westmoreland Chemical & Color Co. v. Public Service Commission green
pa · 1928
1 sentence

1934Com., 294 Pa. 451, 456 , that the highways, roads, streets and bridges were the property of the State, and it may set up any agency to control and maintain them, the reasoning on which the principle was based was, first, when that opinion was written the State had taken from its agencies the control and maintenance of a large part of the highways, and, second, more important as the genesis of the principle, *391 the State in its proprietary right had, as its agencies, the various municipal and quasi municipal authorities (counties, townships, cities and boroughs) which created, owned and contr

11934–1934

Where else courts name it

CA 29 (1945–2025) NY 14 (1933–2021) NJ 10 (1939–2024) TX 8 (1981–2015) IL 7 (1988–2021) OR 6 (1973–2024) PA 6 (1934–2023) CT 6 (1992–2004) OH 5 (2004–2023) MD 5 (1980–2010) TN 4 (1981–1999) WV 4 (1953–2021) NE 3 (1939–1972) MA 3 (1986–2025) KY 3 (1938–1969) FL 3 (1979–2002) SC 3 (1956–2018) MO 2 (2016–2024) MI 2 (1957–1992) WI 2 (1980–1995) AZ 2 (1993–2000)

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.

← Caselaw search · G Cite Topics · Brief Check