Legal Opinion · Dissent

Western Savings Fund Society v. Southeastern Pennsylvania Transportation Authority

Superior Court of Pennsylvania

Decided March 6, 1981No. 613Published

1DissentCercone, P. J.

There are times when it is necessary to find, along the mainstream of the law, an alcove, a haven where the waters do not rush so precipitately, a dry dock where a seafaring litigant can steer his vessel and find leave to repair the damages sustained while on the high seas of generally accepted jurisprudential precepts. The instant case is an example of the occasion when a litigant should be rescued from the rough and roiling waters of general law and receive the benefit of the more beneficial and caressing laws of equity.

The primary question presented in this case is whether it is both…

2Cases cited28 opinions

  1. F. B. Fountain Co. v. SteinSupreme Court of Connecticut · 1922
  2. Jones v. GibbsTexas Supreme Court · 1939
  3. KOTWASINSKI v. RASNERSupreme Court of Pennsylvania · 1969
  4. Prince v. PavoniSuperior Court of Pennsylvania · 1973
  5. American Houses, Inc. v. SchneiderCourt of Appeals for the Third Circuit · 1954

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