374 Pa. Super. 389 - Driver v. Temple’s Empirical Analysis
1988
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently May 2018
15 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 Cohen v. Beneficial Industrial Loan Corp. · Bell v. Beneficial Consumer Discount Co. · Pugar v. Greco · Fried v. Fried · 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The [board of viewers] shall view such ground, and if they shall agree that there is occasion for a road, they shall proceed to lay out the same, having respect to the shortest distance, and the best ground for a road, and in such manner as shall do the least injury to private property, and also be, as far as practicable, agreeable to the desire of the petitioners.”
2 later decisions quote this exact passage“[a]ppellate review of [private road proceedings] . . . is solely to ascertain the validity of the court's jurisdiction, the regularity of the proceedings, questions of law, and whether there has been an abuse of discretion. We cannot look beyond the record . . . or consider questions of fact.”
2 later decisions quote this exact passage“Proceedings to open private roads and subsequent proceedings to assess damages therefor are distinct proceedings. The commencement of proceedings for the assessment of damages, it has been held, is a waiver of defects in the order confirming the opening of the private road. Weaver’s Road, 45 Pa. 405 (1863). Because of the bifurcated course which the two proceedings must take, the trial court is required to determine all legal issues involved in the proceeding to take another’s land for private use before the damages to be paid can be assessed. Only after it has been decreed that a private road is necessary and is to be opened across the land of another, and the location, width, and distance thereof have been determined, does it become possible to estimate damages ‘in the manner provided in the case of a public road. ’ Of necessity, therefore, the two proceedings are separate and distinct. This statutory procedure is still in effect. It has not been altered by constitutional amendment, by statute, or by procedural rule____ For an appellate court to refuse to entertain such an appeal and require proceedings to assess damages to go ahead before the location of the roadway has been determined finally would permit absurd consequences in the event the location of the road were subsequently altered following appellate review. We conclude, therefore, that an order finally confirming the opening of a private road is an order which is sufficiently final to permit immediate appellate re”
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.