445 Pa. Super. 461 - Smith v. Weaver’s Empirical Analysis
1995
Citation profile
6 district · 25 state decisions
How this case has been cited
Cited by 56 later decisions — most recently February 2017 · most notably Walcott v. Total Petroleum, Inc. (1998), 1999 Pa. Super. 75 - Schuylkill Navy v. Langbord (1999)
6 district · 25 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 Clayton v. Lienhard · Kyle v. McNamara & Criste · Noll by Noll v. Harrisburg Area YMCA · Centolanza v. Lehigh Valley Dairies, Inc. · 394 Pa. Super. 578 - Melso v. Sun Pipe Line 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great; (c) inability to eliminate the risk by the exercise of reasonable care; (d) extent to which the activity is not a matter of common usage; (e) inappropriateness of the activity to the place where it is carried on; and (f) extent to which its value to the community is outweighed by its dangerous attributes.”
4 later decisions quote this exact passage“[W]e conclude that the operation of underground storage tanks at a gasoline service station is not an abnormally dangerous activity. Gasoline and other petroleum products can be stored and dispensed safely with reasonable care, and the storage of these materials in tanks is a common use and is valuable to a modern society. The location of tanks at a gasoline service station is certainly appropriate and although the harm which may result from a leak may be great, this one factor pales in comparison to the others which point in favor of our ruling that the storage of petroleum products in underground storage tanks is not abnormally dangerous. [ Smith v. Weaver, 445 Pa.Super. 461 , 665 A. 2d 1215, 1220 (Pa.Super.Ct.1995).]”
2 later decisions quote this exact passage“The material facts set forth in the complaint as well as all inferences reasonably deducible therefrom must be admitted as true. The court must determine from the facts averred, whether the law says with certainty that no recovery is possible. If doubt exists whether a demurrer should be sustained, it should be resolved in favor of overruling the demurrer.”
2 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.