Court of Appeals for the Third Circuit — appointed by Franklin D. Roosevelt
Commonwealth Ex Rel. Sheeler v. Burke
Supreme Court of Pennsylvania · 1951-03-29 · cited 19×
The case involved Rudolph Sheeler's petition for a writ of habeas corpus challenging his 1939 life sentence for murdering a Philadelphia police officer, which followed his guilty plea to the indictment. Sheeler alleged that his confession and plea resulted from coercion while held incommunicado by police and from the denial of timely legal representation in a capital case. The court, after reviewing findings from a referee's hearing, determined that the plea and confession were obtained through physical and psychological coercion without counsel at arraignment or adequate time for appointed counsel to investigate, violating due process under the Fourteenth Amendment and the Pennsylvania Constitution. As a result, the court vacated the guilty plea and life sentence while noting that guilt or innocence could not be resolved in this proceeding.
criminal lawcivil rightsprocedure
Johnson v. Rulon
Supreme Court of Pennsylvania · 1949-11-16 · cited 30×
The case involved a plaintiff who sued a restaurant owner for injuries sustained after falling through an open, unguarded trap door in the floor while entering to order lunch; the owner had impleaded independent contractors allegedly responsible for leaving the door open. The trial court entered a compulsory nonsuit against all defendants, finding the plaintiff contributorily negligent as a matter of law and that he had failed to prove the owner's negligence. On appeal, the court reversed the nonsuit and remanded for further proceedings, holding that the owner's duty to maintain safe premises for business invitees presented a jury question on negligence and that the plaintiff's possible distraction by wall-mounted menu signs while turning toward coat hooks meant contributory negligence was also a factual issue rather than one of law.
torts & liabilityproperty
Dwyer v. Kellerman
Supreme Court of Pennsylvania · 1949-11-15
The case involved a pedestrian struck by a car while crossing a wide street in Philadelphia after stopping in the roadway to fix his dog's leash. The plaintiff sued the driver for negligence and obtained a jury verdict, but the trial court granted the defendant's motion for judgment notwithstanding the verdict, which the appellate court affirmed. The court held that the evidence showed only the occurrence of the accident with no proof of the defendant's lack of care, and that the plaintiff's failure to keep looking for traffic while crossing constituted contributory negligence as a matter of law under established precedent requiring pedestrians to maintain a diligent lookout.
torts & liability
Kerns v. Kane
Supreme Court of Pennsylvania · 1949-10-14 · cited 19×
The case concerned whether the Allegheny County Board of Elections properly rejected nomination papers filed by plaintiffs seeking to run as candidates of the Progressive party in the 1949 municipal election. The Board had refused the papers solely because the party name was identical to that of an existing statewide Progressive party, which had already qualified and held a primary under the Election Code. The lower court issued writs of mandamus ordering the Board to accept the papers and place the names on the ballot. The Supreme Court reversed those judgments and dismissed the complaints, holding that Sections 952 and 976 of the Election Code expressly bar the use of a name identical to or deceptively similar to that of any existing political party and require rejection of noncompliant papers. The Court further noted that allowing the papers would create irresolvable conflicts with the primary nominations already made by the established Progressive party.
elections
Cheslock v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania · 1949-10-03 · cited 6×
In Cheslock v. Pittsburgh Railways Co., Margaret Cheslock sued the trolley company under the Wrongful Death Act and Survival Statute for the death of her husband, who was found injured along the company's right-of-way after purchasing ice cream; she alleged the motorman negligently failed to stop after a passenger warned of a man lying on the tracks. The jury awarded $30,000 to the widow and children but found for the defendant on the estate's claim; after a remittitur, judgment was entered for $26,000. The defendant appealed only the denial of judgment n.o.v., arguing insufficient evidence of negligence. The court affirmed, holding that the evidence, viewed favorably to the plaintiff, permitted the jury to find the motorman had actual or constructive notice of the man's presence on a frequently used path and failed to exercise reasonable care, making liability a question for the jury rather than a matter of law.
torts & liability
Kaufman v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania · 1949-09-30 · cited 8×
The case involved a lawsuit by a store owner against Pittsburgh Railways Co. for fire damage to his merchandise and fixtures, allegedly caused by the company's negligent maintenance of an overhead electric transmission line that sagged and contacted a metal sign on the building, allowing current to short-circuit through a ground wire. The jury awarded damages to the plaintiff, and the trial court denied the defendant's motions for a new trial and judgment notwithstanding the verdict. On appeal, the court affirmed the judgment, concluding that the evidence of the line's deteriorated insulation, unusual sag over a long span, and lack of proper inspection raised factual questions of negligence properly decided by the jury, and that the plaintiff's maintenance of the sign did not establish contributory negligence as a matter of law given the differing standards of knowledge and care applicable to each party.
torts & liability