Perry rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

Perry rule in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1980–2014 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 (4)

CaseFollowedCited
Commonwealth v. Infantegreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014Perry, supra at 236 n. 10 (“pursuant to subsection (f), this Court is precluded from reviewing Perry’s challenge to the discretionary aspects of his sentence.”); Commonwealth v. Infante, 585 Pa. 408 , 888 A.2d 783, 790 (2005); Mouzon, supra at 622 (“this Court lacks jurisdiction to consider challenges to the discretionary aspects of sentences that the Superior Court has already reviewed.”); Smith, supra at 895 (“It is clear that Section 9781(f) precludes us from reviewing the discretionary aspects of a sentence.”); Rosario, supra at 109-110 (“we may not consider whether the sentence was proper

2014Perry, supra at 236 n. 10 (“pursuant to subsection (f), this Court is precluded from reviewing Perry’s challenge to the discretionary aspects of his sentence.”); Commonwealth v. Infante, 585 Pa. 408 , 888 A.2d 783, 790 (2005); Mouzon, supra at 622 (“this Court lacks jurisdiction to consider challenges to the discretionary aspects of sentences that the Superior Court has already reviewed.”); Smith, supra at 895 (“It is clear that Section 9781(f) precludes us from reviewing the discretionary aspects of a sentence.”); Rosario, supra at 109-110 (“we may not consider whether the sentence was proper

11
Perry v. Tioga Countygreen
pacommwct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997See Perry v. Tioga County, 168 Pa.Cmwlth. 126 , 649 A.2d 186 (1995), appeal denied, 540 Pa. 609 , 655 A.2d 995 (1995).

1997See Perry v. Tioga County, 168 Pa.Cmwlth. 126 , 649 A.2d 186 (1995), appeal denied, 540 Pa. 609 , 655 A.2d 995 (1995).

11
Employers Liability Assurance Corp. v. Greenville Business Men's Ass'ngreen
pa · 1966 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
2 sentences

1993See also, Employers Liability Assurance Corporation v. Greenville Business Men's Association, 423 Pa. 288 , 224 A.2d 620 .

1993See also, Employers Liability Assurance Corporation v. Greenville Business Men's Association, 423 Pa. 288 , 224 A.2d 620 .

11
Commonwealth v. Clairgreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991Commonwealth v. Clair, 458 Pa. 418, 423 , 326 A.2d 272, 274 (1974) (“[A] party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected.”); Commonwealth v. Hassine, 340 Pa.Super. 318 , 490 A.2d 438 (1985), overruled on other grounds, Commonwealth v. Schaeffer, 370 Pa.Super. 179 , 536 A.2d 354 (1987) (en banc).

1991Commonwealth v. Clair, 458 Pa. 418, 423 , 326 A.2d 272, 274 (1974) (“[A] party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected.”); Commonwealth v. Hassine, 340 Pa.Super. 318 , 490 A.2d 438 (1985), overruled on other grounds, Commonwealth v. Schaeffer, 370 Pa.Super. 179 , 536 A.2d 354 (1987) (en banc).

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
Ruzzi v. Butler Petroleum Co. green
pa · 1991
2 sentences

2008Thus, the Perry Court concluded that a contract will not be construed to provide indemnification against a person’s own negligence unless that intent is expressly and unequivocally stated and the circumstances indicate that the contract is intended to so apply. ¶ 11 The Perry rule was reaffirmed in Ruzzi v. Butler Petroleum Co., 527 Pa. 1 , 588 A.2d 1 (1991), where a gas station owner hired a contractor to supply and install gasoline tanks.

2008Thus, the Perry Court concluded that a contract will not be construed to provide indemnification against a person’s own negligence unless that intent is expressly and unequivocally stated and the circumstances indicate that the contract is intended to so apply. ¶ 11 The Perry rule was reaffirmed in Ruzzi v. Butler Petroleum Co., 527 Pa. 1 , 588 A.2d 1 (1991), where a gas station owner hired a contractor to supply and install gasoline tanks.

21993–2008
Commonwealth v. Schaeffer green
pa · 1987
2 sentences

1991Commonwealth v. Clair, 458 Pa. 418, 423 , 326 A.2d 272, 274 (1974) (“[A] party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected.”); Commonwealth v. Hassine, 340 Pa.Super. 318 , 490 A.2d 438 (1985), overruled on other grounds, Commonwealth v. Schaeffer, 370 Pa.Super. 179 , 536 A.2d 354 (1987) (en banc).

1991Commonwealth v. Clair, 458 Pa. 418, 423 , 326 A.2d 272, 274 (1974) (“[A] party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected.”); Commonwealth v. Hassine, 340 Pa.Super. 318 , 490 A.2d 438 (1985), overruled on other grounds, Commonwealth v. Schaeffer, 370 Pa.Super. 179 , 536 A.2d 354 (1987) (en banc).

11991–1991
Commonwealth v. Hassine green
pa · 1985
2 sentences

1991Commonwealth v. Clair, 458 Pa. 418, 423 , 326 A.2d 272, 274 (1974) (“[A] party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected.”); Commonwealth v. Hassine, 340 Pa.Super. 318 , 490 A.2d 438 (1985), overruled on other grounds, Commonwealth v. Schaeffer, 370 Pa.Super. 179 , 536 A.2d 354 (1987) (en banc).

1991Commonwealth v. Clair, 458 Pa. 418, 423 , 326 A.2d 272, 274 (1974) (“[A] party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected.”); Commonwealth v. Hassine, 340 Pa.Super. 318 , 490 A.2d 438 (1985), overruled on other grounds, Commonwealth v. Schaeffer, 370 Pa.Super. 179 , 536 A.2d 354 (1987) (en banc).

11991–1991
Commonwealth v. Durst green
pa · 1989
2 sentences

1991Durst, 522 Pa. at 4-5 , 559 A.2d at 505-06 ; Ellis, supra. Therefore, trial counsel cannot be deemed ineffective for his failure to either petition the trial court for a medical examination of the victim or offer expert testimony to support Perry’s claim that the alleged sexual intercourse of February, 1986 could not have occurred without physical injury to the victim.

1991Durst, 522 Pa. at 4-5 , 559 A.2d at 505-06 ; Ellis, supra. Therefore, trial counsel cannot be deemed ineffective for his failure to either petition the trial court for a medical examination of the victim or offer expert testimony to support Perry’s claim that the alleged sexual intercourse of February, 1986 could not have occurred without physical injury to the victim.

11991–1991
Potter Title and Trust Co. v. Young green
pa · 1951
2 sentences

1980In Potter Title and Trust Co. v. Young, 367 Pa. 239 , 80 A.2d 76 (1951), our Supreme Court stated: Generally speaking, the term "passive negligence" denotes negligence which permits defects, obstacles or pitfalls to exist upon the premises, in other words, negligence which causes dangers arising from the physical condition of the land itself.

1980In Potter Title and Trust Co. v. Young, 367 Pa. 239 , 80 A.2d 76 (1951), our Supreme Court stated: Generally speaking, the term "passive negligence" denotes negligence which permits defects, obstacles or pitfalls to exist upon the premises, in other words, negligence which causes dangers arising from the physical condition of the land itself.

11980–1980

Where else courts name it

ID 43 (2010–2025) TX 29 (1986–2026) AL 16 (1995–2005) OH 13 (2004–2023) CA 10 (1982–2021) PA 6 (1980–2014) FL 6 (2001–2018) IN 6 (1992–2024) MT 6 (1995–2025) NY 4 (2013–2024) GA 4 (1996–2023) MN 3 (2005–2008) VA 3 (2004–2025) NV 3 (1995–2016) WI 3 (1997–2019) NJ 3 (1993–2020) IL 3 (2018–2024) OR 3 (1995–2002) MI 3 (2023–2023) WA 2 (1984–2021) KY 2 (2023–2026) WV 2 (1999–2024) CT 2 (2002–2017) NE 2 (1989–2016) VT 2 (1999–2025) MA 2 (1983–2024) UT 2 (2002–2020) AR 2 (1973–1996) IA 2 (2024–2025)

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