276 Pa. Super. 129 - Eads v. Smith’s Empirical Analysis

Citation profile

17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) In any action the defendant or any additional defendant may, as the joining party, join as an additional defendant any person whether or not a party to the action who may be alone liable or liable over to him on the cause of action declared upon by the plaintiff or jointly or severally liable thereon with him, or who may be liable to the joining party on any cause of action which he may have against the joined party arising out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiffs cause of action is based.”

   3 later decisions quote this exact passage
   e.g. 37 Pa. D. & C.3d 37 - Williams v. Stoneboro Borough · 299 Pa. Super. 422 - United States National Bank in Johnstown v. H & D Leasing, Inc.

2. “I have reviewed the majority opinion and the case of Szemanski (supra) upon which the majority so heavily relies. I conclude, however, that the majority’s reliance upon Szemanski is misplaced and I therefore would affirm the order of the lower court. The additional defendant joined in Szemanski , pursuant to Pa.R.C.P. 2252(a), was a party who allegedly agreed, as part of a construction contract, to indemnify the original defendant against loss on the cause of action complained of by plaintiff in his original complaint. There is no doubt that amended Rule 2252(a) has expanded the parameter whereby joinder of additional defendants is permissible. Joinder is now permitted “if the proposed additional defendant may be (1) alone liable to the plaintiff on the cause of action declared upon by the plaintiff, (2) liable over to the defendant in regard to such cause of action, (3) jointly or severally liable with the defendant to the plaintiff on such cause of action, or (4) liable to the defendant on any cause of action which he may have against the additional defendant arising out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiff’s cause of action is based. However, there are restrictions; [A]n additional defendant cannot be joined on the basis of a claim wholly unrelated to the claim of the plaintiff against the defendant .. . [jjoinder remains improper if based upon a completely extraneous cause of action, not related to the occurren”

   1 later decision quote this exact passage · from the dissent
   e.g. 299 Pa. Super. 422 - United States National Bank in Johnstown v. H & D Leasing, Inc.

3. ““When Pa.R.C.P. 2252(a) is given a broad interpretation, it seems clear that defendant’s cause of action against an indemnitor, although not the same cause of action alleged by the plaintiff, is related to it. Without the occurrence or transaction which brings about defendant’s liability to plaintiff, there can be no obligation upon the additional defendant to indemnify defendant. Therefore, it can be said with assurance that defendant’s cause of action against the additional defendant arises, at least in part, from the same occurrence upon which the plaintiff’s cause of action is based.””

   1 later decision quote this exact passage
   e.g. General Felt Industries, Inc. v. Penn-Dion Corp.