Weber v. Lynch’s Empirical Analysis

Citation profile

58 state decisions

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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[A]lthough section 27 of the Arbitration Act provides for de novo appeals from compulsory arbitration, the legislature intended such appeals, once perfected, to proceed to trial with no evidentiary limitations upon the parties other than those which would be applicable to an original trial." Id., 473 Pa. at 610 , 375 A.2d at 1283 .”

   3 later decisions quote this exact passage · from the majority
   e.g. Wideman v. Gerrity · 254 Pa. Super. 119 - Berkey v. Puliafico

2. ““Either party may appeal from an award of arbitrators, to the court in which the cause was pending at the time the rule or agreement of reference was entered, under the following rules, regulations and restrictions, viz.: I. The party appellant, his agent, or attorney, shall make oath or affirmation, that ‘it is not for the purpose of delay such appeal is entered, but because he firmly believes injustice has been done.’ II. Such party, his agent or attorney, shall pay all the costs that may have accrued in such suit or action. III. The party, his agent, or attorney, shall enter into the recognizance hereinafter mentioned. IV. Such appeal shall be entered, and the costs paid, and recognizance filed, within twenty days after the day of the entry of the award of the arbitrators on the docket. V. In all cases under section 8.1 hereof, any party appealing shall first repay to the county the fees of the members of the board of arbitrators herein provided for, but not exceeding fifty per cent of the amount in controversy. The balance of the arbitrator’s fees shall be absorbed and paid by the county. Such fees shall not be taxed as costs or be recoverable in any proceeding. All appeals shall be de novo.” (Footnote omitted).”

   2 later decisions quote this exact passage · from the majority
   e.g. Wideman v. Gerrity · 265 Pa. Super. 399 - Mikita v. Bailey Homes, Inc.

3. “"The only purpose of the constitutional provision is to secure the right of trial by jury before rights of person or property are finally determined. All that is required is that the right of appeal for the purpose of presenting the issue to a jury must not be burdened by the imposition of onerous conditions, restrictions or regulations which would make the right practically unavailable. As to what amounts to such a forbidden restriction it has been held that the constitutional provision is not violated by a requirement of the payment of costs before the entry of an appeal in order to obtain a jury trial, McDonald v. Schell, 6 S. & R. 239; nor by a requirement of giving bail for the payment of costs accrued and to accrue or for the performance of some other duty, Haines v. Levin, 51 Pa. 412 ; Commonwealth, for use, v. McCann & Co., 174 Pa. 19 , 34 A. 299 ; nor by a requirement of furnishing security for the prosecution of the appeal and satisfaction of the final judgment: Capital Traction Co. v. Hof, 174 U.S. 1, 23, 43-45 , 19 S.Ct. 580 , 43 L.Ed. 873 ; nor by a requirement of the payment of a jury fee in advance of trial: Gottschall v. Campbell, 234 Pa. 347, 361 , 83 A. 286, 291 . There can be no valid objection, therefore, to the provisions of the Act of 1836, unchanged by the Act of 1952, regarding the payment of the accrued costs and the giving of a recognizance for the payment of the costs to accrue in the appellate proceedings as the condition for the allowance of an ap”

   1 later decision quote this exact passage · from the majority
   e.g. 254 Pa. Super. 119 - Berkey v. Puliafico