294 Pa. Super. 265 - Rose v. Wissinger’s Empirical Analysis
1982
Citation profile
2 federal appellate · 47 state decisions
How this case has been cited
Cited by 57 later decisions — most recently March 2007 · most notably 370 Pa. Super. 422 - Pelagatti v. Cohen (1987), 417 Pa. Super. 316 - Rutherfoord v. Presbyterian-University Hospital (1992)
2 federal appellate · 47 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 Leary v. United States · Sinn v. Burd · Greenberg v. Aetna Insurance · 244 Pa. Super. 377 - Jones v. Nissenbaum, Rudolph & Seidner · Yania v. Bigan
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is axiomatic in the law of pleading that preliminary objections in the nature of a demurrer admit as true all well and clearly pleaded material, factual averments and all inferences fairly deducible therefrom. Yania v. Bigan, 397 Pa. 316 , 155 A.2d 343 (1959); Byers v. Ward, 368 Pa. 416 , 84 A.2d 307 (1951). Conclusions of law and unjustified inferences are not admitted by the pleading. Lerman v. Rudolf, 413 Pa. 555 , 198 A.2d 532 (1964). Starting from this point of reference the complaint must be examined to determine whether it sets forth a cause of action which, if proved, would entitle the party to the relief sought. If such is the case, the demurrer may not be sustained. On the other hand, where the complaint fails to set forth a cause of action, a preliminary objection in the nature of a demurrer is properly sustained.”
6 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.