Supreme Court of Pennsylvania, 1921

Shaw v. Plains Township

Supreme Court of Pennsylvania · Decided May 2, 1921 · Frazer, Kephart, Moschzisker, Schaefer, Simpson, Walling

270 Pa. 387; 113 A. 410; 1921 Pa. LEXIS 398

Cases that cite this one

10 later published cases cite this decision.

General Electric Credit Corp. v. Aetna Casualty & Surety Co. (Pa. 1970)
Romanovich v. Hilferty (Pa. Super. Ct. 1968)
Zollinger v. Adam Eidemiller, Inc. (Pa. 1957)
Rebic v. Gulf Refining Co. (Pa. Super. Ct. 1936)
In re Charles Mikasinovich (Pa. Super. Ct. 1933)
Somerlot, S. v. Jung, S. (Pa. Super. Ct. 2025)
Dellacasse v. Floyd Exrs. (Pa. 1938)
Moncuso v. Torro (Montgomery County Court of Common Pleas 1936)
Idell v. Day (Pa. Super. Ct. 1922)
Leckstein v. Morris (Pa. Super. Ct. 1922)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam,

There is a single appeal before us from two judgments, one for an injured minor child and the other for her father.

*388In Geiger v. Garrett, a similar case, except that the appeal was by the plaintiffs (handed down April 11, 1921 and reported in 270 Pa. 192), we said: “The suit was properly brought as a joint action under the Act of May 12, 1897, P. L. 62, which, while providing for such an action, also provides for separate verdicts, separate judgments and separate executions, and says nothing on the subject of appeals; in all the respects stated, it is exactly like the Act of May 8, 1895, P. L. 54, relating to joint actions by husband and wife, in case of an injury to the latter, which in Pinker v. Colonial Iron Co., 68 Pa. Superior Ct. 258, was held to require separate appeals. The legislature which passed the act now under consideration found no difficulty in providing for joint appeals when it had this intention: Act of June 15, 1897, P. L. 154.” See also discussion on the subject of joint appeals in McGlinn’s Estate and Monnia’s Estate, opinions in which were filed this day (reported in 270 Pa. 373 and 367). The joint appeal before us was improperly taken; there should have been two appeals— one from each judgment.

The appeal is quashed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.