Gerr v. Emrick’s Empirical Analysis
283 F.2d 293 · 1960
Citation profile
28 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 58 later decisions — most recently January 2004 · most notably Markham v. City of Newport News (1961), Becker v. Interstate Properties (1977)
28 federal appellate · 3 district · 3 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 Erie Co v. Tompkins · Ford Motor Co. v. Department of Treasury · Great Northern Life Ins Co v. Read · Lincoln County v. Luning · Kennecott Copper Corporation v. State Tax Commission Silver King Coalition Mines 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it is incumbent on us to make our own determination of what the Pennsylvania Supreme Court would probably rule in a similar case.”
2 later decisions quote this exact passage · from the majority“"Nothing could be clearer than that claims against the Turnpike Commission are not chargeable to the Commonwealth. Yet, the above quoted statement from the Smith case plainly implies that the liabilities of the Turnpike Commission do not bear interest because the Commission is, in effect, the alter ego of the Commonwealth which is not liable for interest. This conclusion was reasoned from the fact that the Act of May 21, 1937, P.L. 774, No. 211, 36 P.S. § 652a et seq., which created the Turnpike Commission, constituted it `an instrumentality of the Commonwealth,' performing `an essential governmental function of the Commonwealth.' But, equally so is every legislatively ordained municipal corporation, school district or political subdivision. School districts especially afford notable examples of instrumentalities of the Commonwealth engaged in the performance of an essential governmental function, the responsibility for the discharge whereof is laid primarily on the Commonwealth by the Constitution, which declares that the General Assembly shall provide for the maintenance and support of a thorough and efficient public school system. Art. X, Section 1, P.S. Certainly, no one can justifiably contend that, under the Act of 1929, as amended, governmental instrumentalities, such as school districts, municipalities and other political subdivisions are not liable for interest on awards of viewers for damages for property taken under the power of eminent domain; and no meritorious r”
1 later decision quote this exact passage · from the majority“§ 4 of the Act of 1937, 36 P.S. § 652d. Both contentions were rejected by the Court. As to the status of the Commission, the Court was impressed by the language in the Act of 1937 which constitutes the Commission as an instrumentality of the Commonwealth and designates the exercise of its powers as an essential governmental function. It felt also that immunity was indicated by prior judicial decision, and refused to give Lichtenstein the broad reach accorded it by the Court of Appeals. Accordingly, the Court concluded (Mr. Justice Musmanno dissenting)”
1 later decision quote this exact passage · from the majority
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.