Public-domain · open source
OpenJurist
← 75 PAD&C4TH 411 - McElwee v. SEPTA

McElwee v. SEPTA’s Empirical Analysis

2005

Citation profile

1
cited by 1 later decisions
1
states following
June 2008
most recently cited

1 state decisions

Relationships

Relies on Conroy-Prugh Glass Co. v. Commonwealth · Truck Terminal Realty Co. v. Commonwealth · Pidstawski v. South Whitehall Township · 120 Pa. Commw. 199 - McGaffic v. RED. AUTH., CITY OF N. CASTLE · McCracken v. City of Philadelphia

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

  1. “Thomas and John [McElwee] testified that 20% of their business was walk-in customers from the neighborhood ... [Appellees] did not present any documentary evidence to support this estimate of walk-in business. * * * Although [Appellees] claim “no supplier could deliver goods to the [their] business,” the record belies this assertion. [Appellee] John McElwee testified that, at most, there was one example of a supplier who may have come out to the business but could not make the delivery; the supplier returned the next day. [Appellees] claim they lost customers because they could not meet deadlines due to the difficulty in getting supplies, however there was never a time when a delivery could not be made. * * * [Appellees] allege their right to reasonable ingress and egress was denied. However, [they] were always able to access their property. * * * [Appellees] presented evidence that their business slowed down during the time of the construction; however, they failed to demonstrate that the closing of the business was a direct and necessary consequence of the construction.”
    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.