1999 Pa. Super. 143 - Filter v. McCabe’s Empirical Analysis

Citation profile

14 state decisions

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to determine whether the trial court properly sustained Appellee’s preliminary objections, this court must consider as true all of the well-pleaded material facts set forth in the complaint and all reasonable inferences that may be drawn from those facts. Pa.R.C.P. 1028(c) provides that if an issue of fact is raised in preliminary objections, the trial court shall consider evidence “by depositions or otherwise.” In conducting our appellate review, we observe that preliminary objections, the end result of which would be dismissal of the action, may be properly sustained by the trial court only if the case is free and clear of doubt.”

   1 later decision quote this exact passage
   e.g. 2000 Pa. Super. 41 - Knight v. Northwest Savings Bank

2. “One who, being under no duty to do so takes charge of another who is helpless to adequately aid or protect himself is subject to liability to the other for any bodily harm caused by him by (a) the failure of the actor to exercise reasonable care to secure the safety of the other while within the actors charge; (b) the actor’s discontinuing his aid or protection, if by doing so he leaves the other in a worse position than when the actor took charge of him.”

   1 later decision quote this exact passage
   e.g. 2001 Pa. Super. 338 - Petrongola v. Comcast-Spectacor, L.P.