Opinion

Boyce v. United States Steel Corp.

  • 446 Pa. 226
  • 285 A.2d 459
  • 1971 Pa. LEXIS 625
Court
Supreme Court of Pennsylvania
Filed
Dec 29, 1971
Status
Published
Author
Roberts
On the bench
Barbieri, Bell, Brien, Consideration, Eagen, Pomeroy, Roberts, Took
Cited by
47 cases
Authority
More cited than 7.2%

no negligence claim can be based upon facts on which law does not impose duty upon defendant in favor of plaintiff

How later courts described this case

  • no negligence claim can be based upon facts on which law does not impose duty upon defendant in favor of plaintiff
  • “no negligence claim can be based upon a state of facts on which the law does not impose a duty upon the defendant in favor of the plaintiff’
  • two judges concurring and one judge concurring in the result
  • there can be no negligence absent a duty of care

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Me. Justice Roberts:

I dissent because the entry of summary judgment is not an appropriate disposition of this controversy. A review of the record reveals “genuine issues” as to “material facts” which require adjudication thereby precluding the entry of judgment as a matter of law. See Linwood Harvestore, Inc. v. Cannon, 427 Pa. 434 , 235 A. 2d 377 (1967). I would vacate the entry of judgment and let the case proceed on the merits.

Mr. Justice O’Brien joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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