363 Pa. Super. 521 - Beers v. Raub’s Empirical Analysis
1987
Citation profile
8
cited by 8 later decisions
1
states following
March 2011
most recently cited
8 state decisions
Relationships
Relies on Bell v. Beneficial Consumer Discount Co. · Pugar v. Greco · Fried v. Fried · T. C. R. Realty, Inc. v. Cox · 313 Pa. Super. 332 - Praisner v. Stocker
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Act of 1836 [Act of June 13, 1836, P.L. 551, 36 P.S. § 2731 et seq. ] vested the courts of quarter sessions with jurisdiction over private road cases. The quarter sessions judge appointed the board of view and either confirmed or rejected the viewers' report. See 36 P.S. §§ 2731, 2732. The Act of April 15, 1891, P.L. 17, § 1, 36 P.S. § 2151, allowed any party aggrieved by the viewers' award of damages the right to appeal the confirmation of that award to the court of common pleas, where a jury would determine the issue `according to the course of the common law.' This right of appeal applied to private road cases by virtue of section 16 of the Act of 1836, 36 P.S. 2736. See Mattei v. Huray, 54 Pa.Commw. 561, 565 n. 5, 422 A.2d 899 , 901 n. 5 (1980). Thus, proceedings for opening private roads followed a bifurcated course at the time we decided Monroeville Borough. The aggrieved party could appeal the confirmation of the viewers' report directly to this court from the court of quarter sessions. At the same time, the party could appeal the damages portion of the report to the court of common pleas for a jury trial.”
1 later decision quote this exact passage“(1) it is separable from and collateral to the main cause of action; (2) the right involved is too important to be denied review; and (3) the question presented is such that if review is postponed until final judgment in the case, the claimed right will be irreparably lost.”
1 later decision quote this exact passage“The fair and efficient administration of justice cannot tolerate `piecemeal determinations and the consequent protraction of litigation.'”
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.