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477 Pa. 297

383 A.2d 941

Drew v. Laber

Supreme Court of Pennsylvania

Decided March 23, 1978

Supreme Court of Pennsylvania · decided 1978-03-23

Relies on FLICKINGER ESTATE v. Ritsky · Nelson v. Duquesne Light Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-03-23

How this case has been cited

Cited by 28 later decisions — most recently March 2016 · most notably 259 Pa. Super. 332 - Robert v. Chodoff (1978), Mullin v. COM., DEPT. OF TRANSP. (2005)

27 state decisions

8019781980199020002010decided

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.

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*303POMEROY, Justice,

¶1concurring.

¶2I agree that the learned trial court erred in granting Ridley Township’s motion for judgment non obstante veredicto, and thus also agree that the judgment must be vacated. The basis of my opinion is largely the reasoning set forth in our opinion in Flickinger Estate v. Ritsky, 452 Pa. 69, 305 A.2d 40 (1973). That opinion, in turn, was an explication of Section 447 of the Restatement (Second) of Torts, long since adopted as the rule of law in Pennsylvania relative to proximate causation in situations where intervening acts of a third person are negligent. See also Nelson v. Duquesne Light Co., 338 Pa. 37, at 42, 53-54, 12 A.2d 299, at 302, 307 (1940).

O’BRIEN and NIX, JJ., join in this concurring opinion.
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