256 Pa. Super. 404 - Strother v. Binkele’s Empirical Analysis
1978
Citation profile
12 state decisions
Relationships
Relies on Rinaldi v. Levine · Vinnacombe v. Phila. Am. S. · Wilson v. Howard Johns Restaurant · 415 Pa. Super. 189 - Hetrick v. Apollo Gas Co. · Goodman v. Corn Exchange National Bank & Trust Co.
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.
“Where a property owner is charged with negligence in permitting the accumulation of snow or ice on his sidewalk, the proof necessary to sustain such a charge has been clearly defined by our decisional law. It is encum-bent upon a plaintiff in such situation to prove: (1) that snow and ice had accumulated on the sidewalk in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians travelling thereon; (2) that the property owner had notice, either actual or constructive, of the existence of such condition; (3) that it was the dangerous accumulation of snow and ice which caused the plaintiff to fall. Absent proof of all such facts, plaintiff has no basis for recovery. See Miller v. City Ice & Fuel Co., 363 Pa. 182, 184 , 69 A.2d 140 [1949]; Milburn v. Knights of Columbus Home Association, 167 Pa.Super. 509, 511 , 76 A.2d 466 [1950].”
1 later decision quote this exact passage · from the dissent“(1) that snow and ice had accumulated on the sidewalk in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians travelling thereon; (2) that the property owner had notice, either actual or constructive, of the existence of such condition; (3) that it was the dangerous accumulation of snow and ice which caused the plaintiff to fall. Absent proof of all such facts, plaintiff has no basis for recovery.”
1 later decision 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.