156 Pa. Commw. 113 - Allen v. Mellinger’s Empirical Analysis
1993
Citation profile
15 state decisions
How this case has been cited
Cited by 16 later decisions — most recently January 2017
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Thompson Coal Co. v. Pike Coal Co. · Marks v. Tasman · Lavelle v. Koch · 256 N.J. Super. 247 - MacGrath v. Levin Properties · MAC GRATH v. Levin Properties
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Ujnder Pennsylvania law, state highways are the property of the Commonwealth. The Commonwealth has the exclusive duty for the maintenance and repair of state highways. The duty is not owed by abutting landowners. State Route 501, the road abutting the Carpenters’ parking lot, has been designated a state highway by statute. Thus, even though the Carpenters’ boundary line extends to the center of State Route 501, the ownership, control and possession of the highway traversing their property, along with the duty of care to maintain the highway, belongs to the Commonwealth.”
2 later decisions quote this exact passage“Dangerous Conditions in Public Highway or Private Right of Way A possessor of land over which there is a public highway or private right of way is not subject to liability for physical harm caused to travelers upon the highway or persons lawfully using the way by his failure to exercise reasonable care (a) to maintain the highway or way in safe condition for their use, or (b) to warn them of dangerous conditions in the way which, although not created by him, are known to him and which they neither know nor are likely to discover.”
2 later decisions quote this exact passage“Allen has failed [to establish a prima facie case of negligence]. The [property owners] are not liable to Allen because, by her own admission, she collided with the truck in the center of the northbound lane of the highway, located off the [defendants’] property. As Section 349 of the Restatement makes clear, the [defendants], as abutting landowners, owed no duty to Allen, which could be breached, to maintain a public highway in a safe condition.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.